Category Archives: Third Party Doctrine

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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NY4: CSLI obtained by exigency mere third party information not subject to suppression

Police discovered defendant may have been involved in a quadruple homicide, and they submitted an exigent circumstances request for his CSLI for the four days around the homicide, and that put him there. His motion to suppress the CSLI was … Continue reading

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WaPo: U.S. soldiers are revealing sensitive and dangerous information by jogging

WaPo: U.S. soldiers are revealing sensitive and dangerous information by jogging by Liz Sly: An interactive map posted on the Internet that shows the whereabouts of people who use fitness devices such as Fitbit also reveals highly sensitive information about … Continue reading

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NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules by Sheera Frankel: The tech giants are preparing for a stringent new set of data privacy rules in the region, called the General Data Protection Regulation. Set to take effect … Continue reading

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