I happened to watch the CATO Institute webinar on “Financial Privacy in a Digital Era” back in April. The participants were Marta Belcher
(President and Chair, Filecoin Foundation), Paul Belonick (Assistant Professor of Practice, University of California Hastings College of Law), Michael Mosier (General Counsel, Espresso Systems) and Jennifer J. Schulp (Director of Financial Regulation Studies, Center for Monetary and Financial Alternatives). It was an valuable and informed discussion of a complex and nuanced issue that is interesting on so many levels.
The discussion was framed around the Fourth Amendment and the warrantless mass surveillance of financial transactions.
I’d never heard of the “third party doctrine” that says that, if I understood things properly, once you hand over your financial transactions to a third party (eg, your bank) then you have no reasonable expectation of privacy. That kind of seems wrong to me, especially given that the application of AI and ML to financial data means that inferences unavailable in the 1970s are now commonplace. In fact a common thread was the need to rethink financial privacy for the digital age, given the 1970s roots of the current regime.