What's the best argument for *not* abolishing the third party doctrine?
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@sarahjeong I agree. It was born improperly construed. But there's a kernal of a reasonable idea in there, I guess.
@xor well you'd just have to apply reasonable expectation of privacy to categorize third parties differently
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@xor which is hard and you might as well not bring "third party" into it and that's my point -
@xor since REP is already the test. -
@sarahjeong yes. The only reasonable defense I can think of for any kind of 3PD is as, like, a non-dispositive factor of REP analysis
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@sarahjeong yes that's basically what I'm saying. So, ok, I can't actually come up with a good argument. -
@xor should I just tweet this at Orin Kerr right now and see how quickly I get obliterated with his mind rays
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