Third-Party Party-Crashing? The Fate of the Third-Party Doctrine
This fall may prove a landmark in the ongoing debate between security and privacy. Poised to take action are both the US Supreme Court, in Carpenter v. United States, and the US Congress, with the impending sunset of Section 702 of the Foreign Intelligence Surveillance Act (FISA). Decisions made—or not made—this autumn will have ripple effects in the United States and around the globe.
In their article for Lawfare, Eversheds Sutherland (US) attorneys Michael Bahar and Curtis Arnold and Eversheds Sutherland (International) attorneys David Cook and Varun Shingari explain the dynamics of the Supreme Court’s upcoming decision in Carpenter, and how it could impact this and other important surveillance authorities. They then discuss the implications of Carpenter to the emerging global privacy regime, and the conflicts of law that may ensue.
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