You may be familiar with “cats” on the internet - their furry antics inspired the first-generation of memes - but what about Katz, as in the Katz v. United States? 

This Supreme Court decision from the 1960s set the stage for how to interpret privacy rights when confronted with new, potentially intrusive technologies. Now, in the Digital Age, does Katz provide sufficient privacy protection for your personal data? Four experts discuss this modern dilemma in FedSoc Films’ newest documentary, Katz on the Internet: Privacy in the Digital Age.


  • Amy Peikoff, Chief Policy Officer, BitChute
  • John Bash, Former Federal Prosecutor
  • Jake Laperruque, Deputy Director, Center for Democracy and Technology
  • Prof. Orin Kerr, UC Berkeley Law School 

Related links and differing views: American Bar Association, “The Third-Party Doctrine in the Wake of a ‘Seismic Shift’

Cardozo Law Review, “A Third-Party Doctrine for Digital Metadata”

Catholic University Law Review, “Cloudy with a Chance of Government Intrusion: The Third-Party Doctrine in the 21st Century Doctrine in the 21st Century”

Harvard Law Review, “The Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021”

Michigan Law Review, “The Case for the Third-Party Doctrine,”

New York Law School Law Review, “The Outdated Third-Party Doctrine and the Need for Modernization”

Notre Dame Law Review, “A Solution for the Third-Party Doctrine in a Time of Data Sharing, Contact Tracing, and Mass Surveillance Contact Tracing, and Mass Surveillance ”

St. John's Law Review, "Of Third-Party Bathwater: How to Throw Out the Third-Party Doctrine While Preserving Government's Ability to Use Secret Agents"


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.