Robert A. SchwingerBlockchain’s Fourth and Fifth Amendment Privacy Paradoxes
The author writes "Blockchain is frequently conceived of as a tool for confidentiality and privacy, but two federal court of appeals decisions from the latter part of last year highlight how limited that hope often proves to be, even in the face of federal constitutional protections."
January 27, 2025 at 11:00 AM
15 minute read
Blockchain is frequently conceived of as a tool for confidentiality and privacy, but two federal court of appeals decisions from the latter part of last year highlight how limited that hope often proves to be, even in the face of federal constitutional protections.
In Harper v. Werfel, 118 F.4th 100 (1st Cir. 2024), decided this past September, and Carman v. Yellen, 112 F.4th 386 (6th Cir. 2024), decided several weeks earlier in August, two circuits wrestled with Fourth and Fifth Amendment challenges to government efforts to obtain individuals’ blockchain transaction data.
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