Category Archives: Third Party Doctrine

WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests

WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests by Lindsey Bever: After a nationwide class-action lawsuit against Motel 6, the chain agreed to pay as much as $7.6 million … Continue reading

Posted in Immigration arrests, Third Party Doctrine | Comments Off on WaPo: Motel 6 agrees to pay up to $7.6 million to settle claim it helped ICE target Latino guests

D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

Defendant’s use of IP addresses his computer signed in through isn’t enough like CSLI in Carpenter to require a search warrant. United States v. Monroe, 2018 U.S. Dist. LEXIS 186998 (D. R.I. Nov. 1, 2018):

Posted in Computer searches, Third Party Doctrine | Comments Off on D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases

NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases by Heather Murphy: And, of course, it can be subpoenaed by the government.

Posted in DNA, Third Party Doctrine | Comments Off on NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases

CA5: IP information “falls comfortably within the scope of the third-party doctrine” after Carpenter; no comparison to CSLI

Whatever the status of the third-party doctrine after Carpenter, nothing would change as to subpoenaing IP address information in a child pornography case. “The information at issue here falls comfortably within the scope of the third-party doctrine.” United States v. … Continue reading

Posted in Third Party Doctrine | Comments Off on CA5: IP information “falls comfortably within the scope of the third-party doctrine” after Carpenter; no comparison to CSLI

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site. by Eli Rosenberg:

Posted in DNA, Third Party Doctrine | Comments Off on WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

N.D.Ala.: No REP in bank records under still settled law

“Petitioner argues that the IRS’s summonses to Bank of America and Regions Bank violate his Fourth Amendment rights. … The Eleventh Circuit recently considered and rejected a Fourth Amendment challenge to an IRS summons directed towards a bank because the … Continue reading

Posted in Cell site location information, Good faith exception, Third Party Doctrine | Comments Off on N.D.Ala.: No REP in bank records under still settled law

Law360: Airbnb Suit Challenges New NYC Rental Data Collection Law

Law360: Airbnb Suit Challenges New NYC Rental Data Collection Law by Pete Brush Airbnb Inc. sued New York City on Friday claiming a new law requiring online rental companies to share data about their clientele violates the U.S. Constitution, but … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on Law360: Airbnb Suit Challenges New NYC Rental Data Collection Law

CA7: City’s use of “smart meter” is a search, but it is reasonable because it’s not for criminal purposes and law enforcement never knows

The use of a smart meter to collect energy consumption in homes is a search under the Fourth Amendment under Kyllo. It is, however, a reasonable search because it is purely for the use of the power company and city … Continue reading

Posted in Search, Surveillance technology, Third Party Doctrine | Comments Off on CA7: City’s use of “smart meter” is a search, but it is reasonable because it’s not for criminal purposes and law enforcement never knows

Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists

Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists By Meagan Flynn: Discord, which was started in 2015 as a secure chat app for videogamers, also happened to be conducive for white supremacists, white nationalists, … Continue reading

Posted in Third Party Doctrine | Comments Off on Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists

Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior

Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior by Jeff Della Rosa:

Posted in Third Party Doctrine | Comments Off on Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior

Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy? by Max Mitchell: The trail of murders and assaults spanning California went unsolved for decades, until investigators turned to a tool more popular with genealogy … Continue reading

Posted in DNA, Third Party Doctrine | Comments Off on Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank

The district court did not err in enforcing the IRS summons under 26 U.S.C.S. § 7602 to the taxpayers’ bank because the taxpayers did not have a reasonable expectation of privacy in the financial records held by the bank. The … Continue reading

Posted in Consent, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank