> > Neither is there an expectation [...]

> Expectation is not law.

It is in this case.

Expectation of privacy is a legal test based literally on on what "normies would probably say". If, as a society, we're moving more and more of our private effects to the cloud, there is a point where there's an expectation of privacy from the government there, regardless of the shadiness of the company we trusted for it, and regardless of what's convenient for the government.

https://www.law.cornell.edu/wex/expectation_of_privacy

Carpenter v. United States is a great example of this, where a thing once thought as obviously falling under the third party doctrine (cell tower location information) was put definitively within protection by the fourth amendment because of ongoing changes in how society used and considered cell phones.

And I forgot about this but just saw it referenced in the wikipedia article: it's notable that Gorsuch's dissent on the case argued for dropping the third party doctrine completely:

> There is another way. From the founding until the 1960s, the right to assert a Fourth Amendment claim didn’t depend on your ability to appeal to a judge’s personal sensibilities about the “reasonableness” of your expectations or privacy. It was tied to the law. The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” True to those words and their original understanding, the traditional approach asked if a house, paper or effect was yours under law. No more was needed to trigger the Fourth Amendment....

> Under this more traditional approach, Fourth Amendment protections for your papers and effects do not automatically disappear just because you share them with third parties.

https://www.law.cornell.edu/supremecourt/text/16-402

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