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Privacy at RiskThe New Government Surveillance and the Fourth Amendment$
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Christopher Slobogin

Print publication date: 2007

Print ISBN-13: 9780226762838

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226762944.001.0001

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Subpoenas and Privacy

Subpoenas and Privacy

Chapter:
(p.139) Chapter Six Subpoenas and Privacy
Source:
Privacy at Risk
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226762944.003.0006

This chapter examines the history of the subpoena in an attempt to understand how the currently lax approach to transaction surveillance in the United States developed. It explains the historical accident by which subpoenas and pseudo-subpoenas have been routinely used to obtain documents containing significant amounts of personal information about individuals, including medical, financial, and e-mail data. The chapter also mentions that the Fifth Amendment's restrictions on document subpoenas are substantially reduced, while Fourth Amendment restrictions remain trivial.

Keywords:   subpoena, transaction surveillance, United States, personal information, Fifth Amendment, Fourth Amendment

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