Category Archives: Informational privacy

TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data

TechDirt: DOJ Leans On Old Laws And Even Older Cases To Argue Against Privacy Expectations In Cell Site Location Data by Tim Cushing: from the it’s-1979-all-over-again! dept Last month, AT&T entered an amicus brief in the US v. Quartavious Davis … Continue reading

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Cal.1: Taking DNA from an arrestee violates the California Constitution; Maryland v. King distinguished

California’s Constitution and DNA statute is different than Maryland’s in Maryland v. King so taking DNA from an arrestee is unconstitutional. People v. Buza, 2014 Cal. App. LEXIS 1100 (1st Dist. December 3, 2014):

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WaPo: Is Uber’s rider database a sitting duck for hackers?

WaPo: Is Uber’s rider database a sitting duck for hackers? by Craig Timberg: Imagine for a second that your job is to gather intelligence on government officials in Washington, or financiers in London, or entrepreneurs in San Francisco. Imagine further … Continue reading

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AK: The exclusionary rule does not apply in DL suspension proceedings, except where there is conduct shocking to the conscience

The exclusionary rule does not apply in drivers license suspension proceedings, except where there is conduct shocking to the conscience. Here, it’s not. Garibay v. State, Dept. of Administration, Division of Motor Vehicles, 2014 Alas. LEXIS 222 (November 28, 2014). … Continue reading

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WaPo: Every move you make, every step you take, something’s tracking you

WaPo: Every move you make, every step you take, something’s tracking you by Craig Timberg: It’s that time again. We’re on the move — feasting, sharing, shopping, giving thanks. And we are being tracked every step of the way. So … Continue reading

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Your recently purchased used car might be tracking you

Arkansas Business: Car-Mart Uses GPS To Improve ‘Efficiency’ by Marty Cook:

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E.D.Va.: Body cam showed consent

The officers’ body cams showed that defendant consented to the entry into his hotel room. Officers were walking by the room, not even looking for defendant, and they smelled marijuana. They determined it must be coming from defendant’s room, so … Continue reading

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S.D.Cal.: An order to obtain historical cell site location information does not require probable cause

An order to obtain historical cell site location information does not require probable cause because it is a mere business record. Real time information does. United States v. Martinez, 2014 U.S. Dist. LEXIS 153485 (S.D. Cal. October 28, 2014):

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NJLJ: AG Test Case Seeks Phone Records Without a Warrant

NJLJ: AG Test Case Seeks Phone Records Without a Warrant by Mary Pat Gallagher: The New Jersey Attorney General’s Office, which in a memo leaked to the Law Journal in June said it was looking for a test case it … Continue reading

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Wired: Virginia Police Have Been Secretively Stockpiling Private Phone Records

Wired: Virginia Police Have Been Secretively Stockpiling Private Phone Records by G.W. Shultz: The database, which affects unknown numbers of people, contains phone records that at least five police agencies in southeast Virginia have been collecting since 2012 and sharing … Continue reading

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FL: Real-time cell site location information is protected under Fourth Amendment

Real-time cell site location information is protected under Fourth Amendment. Tracey v. State, 2014 Fla. LEXIS 3072 (October 16, 2014). This is a fascinating opinion, and it’s the most sensitive review of the issue yet:

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N.D.Ill.: Cell site location information was properly obtained by court order

Cell site location information was obtained by court order for defendants’ cell phones to connect them to robberies. There is no reasonable expectation of privacy in the location data stored by another and the Stored Communications Act was complied with. … Continue reading

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WaPo: Volokh: Intelligence Squared debate: Mass collection of U.S. phone records violates the Fourth Amendment

WaPo: Volokh: Intelligence Squared debate: Mass collection of U.S. phone records violates the Fourth Amendment by Nicholas Quinn Rosenkranz: Intelligence Squared presented an excellent debate last week at the National Constitution Center in Philadelphia — “Resolved: Mass collection of U.S. … Continue reading

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JD Supra: Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras

JD Supra: Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras byGary Schons: While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment … Continue reading

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NJLJ: Bills Would Restrict Access to Cars’ ‘Black Box’ Data

NJLJ: Bills Would Restrict Access to Cars’ ‘Black Box’ Data: New Jersey lawmakers may soon enact legislation that would limit access to information from event data recorders installed in automobiles that track speed, location, time of use and the number … Continue reading

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NY Times: News Analysis: We Want Privacy, but Can’t Stop Sharing

NY Times: News Analysis: We Want Privacy, but Can’t Stop Sharing by Kate Murphy: IMAGINE a world suddenly devoid of doors. None in your home, on dressing rooms, on the entrance to the local pub or even on restroom stalls … Continue reading

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Slate: Australia on the Verge of Permitting Alarmingly Broad Internet Surveillance

Slate: Australia on the Verge of Permitting Alarmingly Broad Internet Surveillance by Emily Tamkin: On Thursday, the Australian Senate passed a bill that would increase the powers of domestic spy agency ASIO, giving it the ability to monitor all of … Continue reading

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NYTimes: Facebook Lawsuit Over Search Warrants Can Proceed, a Court in Manhattan Rules

NYTimes: Facebook Lawsuit Over Search Warrants Can Proceed, a Court in Manhattan Rules by James C. McKinley: An appeals court ruled on Thursday that a lawsuit filed by Facebook against the Manhattan district attorney’s office can proceed, paving the way … Continue reading

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N.D.Ill.: A smart electric meter that transmits information about electric usage is not a search and seizure

A smart electric meter that transmits information about electric usage every 15 minutes is not a search and seizure. Naperville Smart Meter Awareness v. City of Naperville, 2014 U.S. Dist. LEXIS 134861 (N.D. Ill. September 25, 2014)*:

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NLJ: LEADS Act Would Limit Access to Data Stored Abroad

NJL: LEADS Act Would Limit Access to Data Stored Abroad: Sen. Orrin Hatch, R-Utah, and two of his Senate colleagues have delivered a morale boost to Microsoft Corp. in its battle against U.S. search warrants for user information stored overseas, … Continue reading

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