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Record W2025449700 · doi:10.1525/nclr.2013.16.3.364

The Third-Party Doctrine and the Third Person

2013· article· en· W2025449700 on OpenAlex
Simon Stern

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueNew Criminal Law Review · 2013
Typearticle
Languageen
FieldSocial Sciences
TopicLaw in Society and Culture
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsDoctrineAnalogyAppealNarrativeViewpointsPerspective (graphical)Political scienceLaw and economicsLawSociologyEpistemologyPhilosophyLiteratureComputer scienceArt

Abstract

fetched live from OpenAlex

According to the third-party doctrine, a person has no reasonable expectation of privacy in information that has been shared with others—including a bank, phone company, or credit card company. The doctrine got its start through an appeal to a locatable observer who corresponds, in literary terms, to a narrator with a limited perspective. This is the kind of perspective that courts have traditionally emphasized when explaining how to assess probable cause. The third-party doctrine turns the limited perspective into an omniscient one. The doctrine takes apparently private conduct and classifies it as public, effectively treating the perspective of the “arresting officer” as if it could encompass large quantities of information, widely distributed in space and time. The discussion here examines a recent defense of the third-party doctrine that similarly collapses the limited and omniscient viewpoints. Then, after exploring the narrative analogy by reference to literary analyses of the omniscient narrator in Victorian fiction, the discussion ends by considering the analogy in relation to contemporary modes of omniscient narration.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Review · Consensus signal: none
Teacher disagreement score0.733
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.043
GPT teacher head0.315
Teacher spread0.272 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it