Comment by CSMastermind 3 days ago
My most radical political opinion is that we need a right to privacy enshrined in a constitutional amendment.
And it needs to be robust enough to prevent the government from subpoenaing data collected by private companies.
The traditional favorite game of the supreme court is reducing the bounds of the 4th amendment. At this point its easier to list the things that the 4th protects than it is to list all the exceptions and "well actually not this..." situations the court has carved out.
I am very much not an expert, but my understanding is that the third-party doctrine[1] means that it (mostly) doesn't.
Should, but doesn't as construed by the SCOTUS and the appeals courts below them. I think their reading of the 4th Amendment is in fact mostly right, especially as interpreted in the context of 1789. We could use an amendment to strengthen privacy, but it's hard to write such a thing considering that almost everything we do nowadays is between "somewhat public" and "public".
The 4th Amendment should already do that.