Alexa, can you keep a secret? Applicability of the third-party doctrine to information collected in the home by virtual assistants

Abstract

ABSTRACT Virtual assistants are an example of modern technology that Americans have integrated into their everyday lives. With smart devices' growing sophistication and availability, individuals now share large amounts of personal information with third parties. Following this technological revolution, one might question how much of the traditional third-party doctrine, the doctrine governing information voluntarily given to a third party, survives. But is one's interaction with his virtual assistant in his own home truly a voluntary passing-over of data to a third party? The Supreme Court has recently shown a willingness to curtail the application of the third-party doctrine to new technology. Cases involving new technologies and capabilities will force a reconsideration of whether technology users retain a reasonable expectation of privacy in data that they voluntarily convey that data to a third party. This paper examines the curtilage and third-party doctrines, and analyzes how the Supreme Court has applied both in cases related to developing technologies. It concludes that to guarantee that the Fourth Amendment continues to protect private citizens from unreasonable searches, the Supreme Court needs to significantly limit the reach of the third-party doctrine with regards to modern technology that is in common everyday use.