Chapter 8
Part III
Reports and Subpoenas
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Government as Database
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A primary function of the federal government is
collecting information.
Information is used for enforcement
 IRS
 EPA air and water pollution monitoring
Information is used for research and standards
 CDC flu reporting system
 Unemployment reporting
 Federal reserve data collection on banking
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Methods of Data Collection
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Administrative searches and inspections
 1st and 3rd party
 These are also used by national security agencies
First party reporting is reporting about your or your
businesses own activities
 Can raise 4th & 5th amendment issues
Third party reporting is about other people
 Privacy issues, but no 4th and 5th amendment
issues
Data sharing with other countries
Data from private aggregators - Equifax, Facebook
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Silver Platter Doctrine Revisited
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Private individual, not a state actor, can collect
evidence without a warrant, or even illegally, and give
to the police without triggering the exclusionary rule.
What about private data aggregators?
 Equifax as an example - what do they collect?
 Do you have any control or rights in their access
to your data?
 Are they covered by Silver Platter?
What about social networks and email?
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