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U.S. Supreme Court,
Criminal,
Constitutional Law

Jan. 10, 2018

Searches, seizures and the Silk Road

In an era where computer networks hosted by numerous third parties connect us all to necessary daily services, an outdated doctrine from a pre-internet era threatens our privacy and invites dangerous governmental abuse. The Supreme Court should address this issue and eliminate or severely limit the third-party doctrine

Tor Ekeland

Partner
Tor Ekeland Law PLLC

Tor practices internet and computer law and represents defendants in federal computer crime prosecutions across the country.

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Searches, seizures and the Silk Road
Joshua Dratel, the attorney for Ross Ulbricht, speaks to reporters as Ulbricht's parents look on in New York, May 29, 2015. (New York Times News Service)

Twentieth century Fourth Amendment doctrine is showing its age. As the 21st century's second decade rounds out, computer law cases challenging outdated search and seizure doctrines like the "third-party doctrine" are making their way up to the U.S. Supreme Court. The third-party doctrine holds that law enforcement does not need a search warrant based on probable cause to obtain records held by a third party, like a bank, social media site, or a telephone company. You ...

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