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Computer Ethics; Third-Party Doctrine
The question regarding both the third party doctrine and the extent of what may be referred to as reasonable privacy always arouses eyebrows to scholars and the general public on what should be seen as a balance of the two without infringing on civil rights of an individual. On one hand lies the key to solving crime, which can be resolved by the answers offered by a third party, while on the other lies other prongs on why the police or the government should do so yet the law clearly stipulates that each individual has their privacy as an important aspect of their life. As Crowther (2012) notes, since the first article on the right to privacy was published by Lous Brandeis and Samuel Warren, the question of what is right to privacy has often raised eyebrows with various governments and institutions debating and often modifying the concepts that are noted in the Fourth Amendment Act as in the case of United States. This review will seek to elaborate on the existing lines between the reasonable expectation of privacy and the role the third party plays in all this.
Most individuals give their personal view noting it is not as reasonable as it said that people should have privacy, but there are aspects such as trust and the level of expectation that one may bestow on another party. The case of (US v Miller 1976) raises such concerns on whether an individual should trust another party considering the third party has a role to play as they may be getting an added benefit such as pay. One such role is enshrined in the patriotic act. If as noted in Millers case, the bank may be obliged to offer information, it is worth noting the process of obtaining such information may not consider aspects such as undue influence in obtaining such information. As such, the bank can offer information not because they are willing to do so, but because they may be negotiating with a party that has influence over them or they may have a hand in obtaining some benefit.
Most individuals opinion towards this aspect are guided by the subjective prong weaknesses since courts have on various occasions been noted to use this reasonable expectation to determine whether privacy should be upheld or not. Either way, the court has a role in determining whether an individual expects to be granted privacy. The law expects that individual should have the outward evidence that prove through their conduct, they seek to have something to be private. If these thoughts are to be extended to instances of wearing wire, a confession made by an individual to a third party may be considered as private, but the being of the conversation in itself may determine whether it would need clemency for reasonable privacy. However, the complications raised by digital existence creates a spasm for obtaining information as there has not been a clearly defined mechanism that can be used to determine what falls within the confines of digital privacy (Crowther, 2012).
The law spells that the principles of the third party should exist in as far as sharing information will not contradict expectation of privacy………………….