Brief of the Center for the Legalization of Privacy as Amicus Curiae in Opposition to Consent Motion, United States v. Facebook

24 Pages Posted: 4 Dec 2019

Date Written: October 15, 2019

Abstract

In this brief, I argue three things with respect to the pending Consent Motion in United States v. Facebook:

1. The Stipulated Order, as Written, Can be Reasonably Interpreted to Grant the Federal Trade Commission and the Department of Justice Warrantless Access to Facebook User Data.

2. The Stipulated Order, Insofar as it Permits Warrantless Access to Facebook User Data, Rests on an Unjustified Assumption about the Validity and Scope of the “Third-Party Doctrine.”

3. The Assumption Made in the Stipulated Order is Particularly Unjustified in Light of Carpenter v. United States.

Keywords: privacy, third-party doctrine, social media, fourth amendment

Suggested Citation

Peikoff, Amy L., Brief of the Center for the Legalization of Privacy as Amicus Curiae in Opposition to Consent Motion, United States v. Facebook (October 15, 2019). Available at SSRN: https://ssrn.com/abstract=3489400 or http://dx.doi.org/10.2139/ssrn.3489400

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