Searching Beyond Subpoenas: Warrant-Demanding Corporate Structure

Why not an actual link instead of an inert footnote?

the Supreme Court found specifically that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties (in this case, records at a bank), and highlights as justification that an individual’s information is “exposed to [the bank’s] employees in the ordinary course of business.” Thus, information which is stored with third parties lies outside of an individual’s Fourth Amendment rights, and as technological trends shift more to third-party cloud services, this covers an increasingly broad set of information.

Only if the employees of the cloud service in the ordinary course of business have access to the records? If so, then most of the data stored in the cloud, either encrypted at rest or processed in a virtual processor to which the provider does not ordinarily have access, might not be subject to Miller, in your view?

Perhaps the other aspects of partnership, such as unlimited liability, would be relevant to consider? What does source code have to do with partnership? Why do you need franchise agreements? This proposition seems rather sweeping, and assumes that the magic lies in the word "partner," rather than the reality of the relationship. Why courts will find it impossible to go behind a supposed "partmership agreement" is not made clear. If this is really the central point of the essay, the next draft should remove other material in order to address this notion fully. If it is not the central subject, it's a massive distraction and in my view it should go.