A Cognitive Theory of the Third-Party Doctrine and Digital Papers

Volume 91, No. 1, Fall 2018

By H. Brian Holland [PDF]

For nearly 200 years, an individual’s personal papers enjoyed near-absolute protection from government search and seizure. That is no longer the case. With the widespread adoption of cloud-based information processing and storage services, the third-party doctrine operates to effectively strip our digital papers of meaningful Fourth Amendment protections.

H. Brian Holland serves as Professor of Law at Texas A&M University School of Law.

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