It is completely outdated. Everybody today stores a very large amount of a their "papers and effects" online, storage that is provided by third parties. The transfer of those papers and effects brings more, unknown, third parties into the loop. Literally nobody who is not in some way literate in technology and law believes that, when they send an email to their lawyer, they have made it public.
The law needs to reflect society's expectations because most people are not criminals by the default of having laws reflect what is normal in society. Break that, and you end up with people not caring about any laws ("in for a penny, in for a pound", and all that). In this case, the Third Party Doctrine fails miserably (but then, so do a lot of other laws).
The law needs to reflect society's expectations because most people are not criminals by the default of having laws reflect what is normal in society. Break that, and you end up with people not caring about any laws ("in for a penny, in for a pound", and all that). In this case, the Third Party Doctrine fails miserably (but then, so do a lot of other laws).