Category Archives: Third Party Doctrine

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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CO: Def had no REP in the GPS his bondsman made him wear

The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading

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Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts

Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts by Ross Todd: The California Supreme Court has taken up a case that could determine if, how and when Facebook must turn over private user information about … Continue reading

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New Law Review Article: Surveillance Intermediaries

Alan Z. Rozenshtein, Surveillance Intermediaries, 71 Stan. L. Rev. 99 (2018). Abstract: Apple’s high-profile 2016 fight with the FBI, in which the company challenged a court order commanding it to help unlock the iPhone of one of the San Bernardino … Continue reading

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WaPo: Big Brother on wheels: Why your car company may know more about you than your spouse

WaPo: Big Brother on wheels: Why your car company may know more about you than your spouse by Peter Holley:

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