The Miller Court held that the depositor had no "legitimate 'expectation of privacy' in financial information "voluntarily conveyed to..
Carpenter had voluntarily conveyed data revealing his location to wireless carriers — the third-party operators of the cell towers.
Johnson, Nicholaus E., "Cell Phone Location Information: Not Voluntarily Conveyed Urging the Legislature to Reestablish Privacy Rights After United States v. Graham" (2016).
Constrained by precedent, the en banc rehearing reversed course and maintained the argument that CSLI is "voluntarily conveyed," excepting it from the Fourth Amendment protections of probable cause.
It held that Smith had no "legitimate expectation of privacy" in the dialed numbers he "voluntarily conveyed" to a third party, the phone company.
With respect to the third-party doctrine exception to the probable cause requirement under the Fourth Amendment, Judge Koh found that the passive generation of historical CSLI is inapposite to the holdings in Smith v. Maryland and United States v. Miller that relied on an individual's "voluntarily conveyed" information to a third-party.
With respect to the Fourth Amendment, is information voluntarily conveyed to a person different from information conveyed to the cloud, and if so, why and how?
If information voluntarily conveyed to third parties is protected by the Fourth Amendment, what are the boundaries of that privacy interest?
In both cases, the court ruled that the defendants' Fourth Amendment rights were not violated because they had no "legitimate expectation of privacy," since they had "voluntarily conveyed" the information at hand to third parties.
Criminal procedure and privacy scholars are in near-unanimous agreement that an extension of what some have called the "third-party doctrine," which holds that people lack a reasonable expectation of privacy in information voluntarily conveyed to third parties, could eliminate citizens' privacy in the modern age.
(c) The borrower may voluntarily convey the collateral to CCC before repaying the loan.
