Aside from the technical glitches plaguing the ObamaCare exchanges, there's some fine print on these government websites that has some people concerned.

As reported by The Weekly Standard, an individual who signs up is asked to check a box, agreeing to terms and conditions of the privacy policy, like you would see when signing up for a bank account or a credit card.

But the fine print contains this line: "we may share information provided in your application with the appropriate authorities for law enforcement and audit activities."

The Fox and Friends hosts asked Judge Andrew Napolitano what's going on here. He said this appears to be an "outrageous invasion of privacy" that is prohibited under the Constitution.

Napolitano pointed out that the possibility of information being shared with law enforcement or the IRS could prompt people to keep things from their doctor, like drug use for example.

"The government will actually incentivize us to keep the truth from our doctors, which means misdiagnosis and improper treatment. Or if you do tell the truth, you run the risk that the doctor, who's forced to report this stuff, will do so," said Napolitano.

He argued that patient-doctor confidentiality was "sacrosanct" until ObamaCare.