Abstract
This Comment argues that the third-party doctrine further alienates EU-U.S. partnerships because the doctrine subverts privacy interests as binding legal precedent. Part II will explore the history of the third-party doctrine up until the Carpenter decision and explain why U.S. privacy rights are linked with access to third-party information. This Comment will further outline EU data protection laws, EU legislation, and the CJEU’s Schrems II decision. In Part III, this Comment will also analyze the new data protection framework, Executive Order 14086, and discuss whether it fails to overcome the CJEU’s concerns over U.S. privacy laws for EU subjects. By comparing Carpenter to the Schrems II decision, this Comment will gauge what steps are needed to reconcile the third-party doctrine with EU standards. Finally, Part IV of this Comment will recommend that Congress codify privacy rights for U.S. citizens modeled after the GDPR, or alternatively, offer an updated test for data protection under the law.