Judge Kozinski and Stephanie Grace have a short essay posted online arguing that the Fourth Amendment is “dead” thanks to the third-party doctrine — the rule that a person loses Fourth Amendment protection in information knowingly disclosed to third parties. Their basic argument has been made many times before in the law reviews, but I don’t think it’s right. I wrote an article in 2009 explaining why don’t find it persuasive: The Case for the Third-Party Doctrine, 107 Mich. L. Rev. 561 (2009). I’m worried about a lot of aspects of current Fourth Amendment law, but this strikes me as one area in which the Supreme Court basically has it right.