Abstract

http://ssrn.com/abstract=2153345
 
 

Footnotes (489)



 


 



Facebook and Interpersonal Privacy: Why the Third Party Doctrine Should Not Apply


Monu Singh Bedi


DePaul University College of Law

September 27, 2012

54 Boston College Law Review 1 (2013)

Abstract:     
Do communications over social networking sites such as Facebook merit Fourth Amendment protection? The Supreme Court has not directly answered this question and lower courts are not in agreement. The hurdle is the Third Party Doctrine, which states that a person does not have a reasonable expectation of privacy in any communication voluntarily disclosed to a person or entity. All Internet communications are stored on third party servers or Internet service providers, and thus would seemingly lose Fourth Amendment protection.

Numerous scholars have weighed in on the issue — analyzing the nature of the communication or the entity to which the information is disclosed — in an effort to show that these communications continue to merit Fourth Amendment protection. These scholars, however, have largely ignored the overall effect of communications over social networking sites such as Facebook. This Article steps outside traditional Fourth Amendment scholarship and relies on the concept of interpersonal privacy rights as a way to protect communications over social networking platforms. Because social scientists have recognized that these relationships share the same qualitative structure and can be just as “real” as their face-to-face counterparts, this Article makes the argument that the concept of interpersonal privacy should apply to social networking relationships over the Internet. This analysis provides a new way to apply the reasonable expectation of privacy test under the Fourth Amendment — one that avoids the common pitfalls associated with the Third Party Doctrine.

Number of Pages in PDF File: 71

working papers series


Download This Paper

Date posted: September 27, 2012 ; Last revised: May 24, 2014

Suggested Citation

Bedi, Monu Singh, Facebook and Interpersonal Privacy: Why the Third Party Doctrine Should Not Apply (September 27, 2012). 54 Boston College Law Review 1 (2013). Available at SSRN: http://ssrn.com/abstract=2153345 or http://dx.doi.org/10.2139/ssrn.2153345

Contact Information

Monu Singh Bedi (Contact Author)
DePaul University College of Law ( email )
25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

Feedback to SSRN


Paper statistics
Abstract Views: 2,071
Downloads: 197
Download Rank: 88,215
Footnotes:  489

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.750 seconds