Category Archives: Third Party Doctrine

New law review article: Fourth Amendment Reasonableness After Carpenter

This brief essay is great insight into arguing the next steps of Carpenter, reasonableness, property rights, and whether the reasonable expectation of privacy test will be changed. We recommend you read all you can about Carpenter because the right reasonableness … Continue reading

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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

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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):

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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.

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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

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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:

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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

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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

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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

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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

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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:

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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

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