Chapter

Subpoenas and Privacy

in Privacy at Risk

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226762838
Published online March 2013 | e-ISBN: 9780226762944 | DOI: http://dx.doi.org/10.7208/chicago/9780226762944.003.0006
Subpoenas and Privacy

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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

Chapter.  11646 words. 

Subjects: Criminal Law

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