Anthony Scalia (in Kyllo): "it is not a search for the police to use a pen register at the phone company to determine what numbers were dialed in a private home, Smith v. Maryland, 442 U.S. 735, 743-744 (1979), "
Smith v. Maryland: "...This Court consistently has held that a person has no legitimate expectation of privacy in information he [442 U.S. 735, 744] voluntarily turns over to third parties. E. g., United States v. Miller, 425 U.S., at 442 -444; Couch v. United States, 409 U.S., at 335 -336; United States v. White, 401 U.S., at 752 (plurality opinion); Hoffa v. United States, 385 U.S. 293, 302 (1966); Lopez v. United States, 373 U.S. 427 (1963). In Miller, for example, the Court held that a bank depositor has no "legitimate `expectation of privacy'" in financial information "voluntarily conveyed to . . . banks and exposed to their employees in the ordinary course of business." 425 U.S., at 442 . The Court explained: "The depositor takes the risk, in revealing his affairs to another, that the information will be conveyed by that person to the Government. . . .
This Court has held repeatedly that the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed." Id., at 443. "
Third party databases and government use of them is a problem that keeps coming up. It's past time for an examination by the legislature of what would be good public policy on the issue.
Sorry, but Scalia is atrocious when it comes to search and seizure.
Third party databases and government use of them is a problem that keeps coming up. It's past time for an examination by the legislature of what would be good public policy on the issue.
Agree 100 percent there.