Category Archives: Third Party Doctrine

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

The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’

The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’ by Chris Howell:

Posted in Surveillance technology, Third Party Doctrine | Comments Off on The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off on SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

New Yorker: Why Do We Care So Much About Privacy?

New Yorker: Why Do We Care So Much About Privacy? by Louis Menand (magazine title: “Nowhere to Hide”): Big Tech wants to exploit our personal data, and the government wants to keep tabs on us. But “privacy” isn’t what’s really … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on New Yorker: Why Do We Care So Much About Privacy?

The New Yorker: Why Do We Care So Much About Privacy?

The New Yorker: Why Do We Care So Much About Privacy? by Louis Menand: Big Tech wants to exploit our personal data, and the government wants to keep tabs on us. But “privacy” isn’t what’s really at stake. Long thoughtful … Continue reading

Posted in Surveillance technology, Third Party Doctrine | Comments Off on The New Yorker: Why Do We Care So Much About Privacy?

Baylor Med School: [Medical] Ethicists examine law enforcement’s use of genetic databases

Baylor Med School: Ethicists examine law enforcement’s use of genetic databases by Allison Mickey:

Posted in DNA, Third Party Doctrine | Comments Off on Baylor Med School: [Medical] Ethicists examine law enforcement’s use of genetic databases

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.

Posted in DNA, Third Party Doctrine | Comments Off on The Atlantic: The Coming Wave of Murders Solved by Genealogy

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:

Posted in DNA, Third Party Doctrine | Comments Off on NYTimes: Technique Used to Find Golden State Killer Leads to a Suspect in 1987 Murders