Category Archives: Third Party Doctrine

The Atlantic: The Coming Wave of Murders Solved by Genealogy

The Atlantic: The Coming Wave of Murders Solved by Genealogy by Sarah Zhang: The same DNA analysis used to find the alleged Golden State Killer has led to the arrest of a second alleged murderer. It’ll likely lead to more.

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NYTimes: Technique Used to Find Golden State Killer Leads to a Suspect in 1987 Murders

NYTimes: Technique Used to Find Golden State Killer Leads to a Suspect in 1987 Murders by Heather Murphy:

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Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry

Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry by Erin Brodwin:

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NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy

NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy by Tim Arango: Before investigators in California say they solved a decades-old case of rape and murder using a genealogy website, the only other known case … Continue reading

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VA: LP reader information is “personal information” under state law

Under Virginia law, “[t]he pictures and associated data stored in the Police Department’s A[utomated] L[icense] P[late] R[reader] database meet the statutory definition of ‘personal information.’” The court can’t tell on this record whether it constitutes an “information system.” Neal v. … Continue reading

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AP: Earlier search for Golden State Killer led to wrong man

AP: Earlier search for Golden State Killer led to wrong man by Michael Balsamo and Jonathan J. Cooper with Frank Stoltze:

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AL: There is no REP in a LPN on a vehicle

There is no reasonable expectation of privacy in a license plate, and the Fourth Amendment doesn’t prohibit running the tags for any reason. State v. Abrams, 2018 Ala. Crim. App. LEXIS 24 (Apr. 27, 2018). The government obtained internet routing … Continue reading

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Reason.com: The Golden State Killer and Your Genetic Privacy

Reason.com: The Golden State Killer and Your Genetic Privacy by Ronald Bailey “Any right of privacy in commercial DNA testers?” This was inevitable.

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New law review article: Notice and Standing in the Fourth Amendment: Searches of Personal Data

Jennifer Daskal, Notice and Standing in the Fourth Amendment: Searches of Personal Data, 26 Wm. & Mary Bill Rts. J. 437 (2017). Abstract:

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MN: Typo adding wrong name into a DNA SW along with the correct name didn’t make it overbroad

“A [DNA] search warrant that mistakenly includes an incorrect person’s name does not lack sufficient particularity when the warrant provides a description of the correct person to be searched that includes the correct person’s name, date of birth, and location, … Continue reading

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Cal.1: Subpoena for info on who arranged home rentals didn’t violate SCA and would be enforced

The City sought a subpoena to HomeAway to produce records of people that arrange occasional rentals of their homes or apartments for purposes of collecting sales taxes. HomeAway contends that it merely enables people to connect with each other and … Continue reading

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MD: Use of text messaging is not a waiver of REP for spousal privilege

The state obtained text messages by legal process and admitted them at trial, arguing that the Verizon service agreement was a waiver of any reasonable expectation of privacy in third party records. It is not a waiver of spousal privilege … Continue reading

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