Category Archives: Informational privacy

CA9: “[T]he Fourth Amendment does not require a warrant to arrest a parole violator.”

“[T]he Fourth Amendment does not require a warrant to arrest a parole violator.” United States v. Carpenter, 2024 U.S. App. LEXIS 13596 (9th Cir. June 5, 2024). The CI for the warrant is not disclosable under Roviaro. United States v. … Continue reading

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W.D.Pa.: Warrantless production of state ALPR data to FBI not governed by Carpenter

The FBI requested the state search its Automated License Plate Reader database for defendant’s LPN to trace the movement of his car. Carpenter simply cannot be made to apply to ALPR data. 106 records were found. United States v. Bowers, … Continue reading

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CA6: Misdescription of alleged robber was close enough for RS for stop

There was reasonable suspicion for defendant’s stop. “But the touchstone of the Fourth Amendment is reasonableness, not perfection. See Heien v. North Carolina, 574 U.S. 54, 60-61, 135 S. Ct. 530, 190 L. Ed. 2d 475 (2014). The facts reported … Continue reading

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VA: Automatic license plate reader information does not form an “information system”; injunction dissolved

Injunction against local police use of license plate readers vacated. “We agree with the Police Department that the ALPR system does not constitute an ‘information system’ within the intendment of the Data Act and we, therefore, reverse the decision below.” … Continue reading

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CNET: Google is giving data to police based on search keywords, court docs show

CNET: Google is giving data to police based on search keywords, court docs show by Alfred Ng (“Court records in an arson case show that Google gave away data on people who searched for a specific address.”)

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techdirt.com: Secret Service Latest To Use Data Brokers To Dodge Warrant Requirements For Cell Site Location Data

techdirt.com: Secret Service Latest To Use Data Brokers To Dodge Warrant Requirements For Cell Site Location Data by Tim Cushing (“Another federal law enforcement agency has figured out a way to dodge warrant requirements for historical cell site location data. … Continue reading

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NY Times: Why a Data Breach at a Genealogy Site Has Privacy Experts Worried

NY Times: Why a Data Breach at a Genealogy Site Has Privacy Experts Worried by Heather Murphy (“Nearly two-thirds of GEDmatch’s users opt out of helping law enforcement. For a brief window this month, that didn’t matter.”):

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WaPo: California begins enforcing digital privacy law, despite calls for delay

WaPo: California begins enforcing digital privacy law, despite calls for delay by Rachel Lerman (“California’s privacy law, often called the broadest law for digital privacy in the United States, can finally be enforced starting Wednesday. And despite industry calls for … Continue reading

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CA8: Due process right to informational privacy not clearly established

Surveying SCOTUS cases, the court concludes that a due process right to informational privacy is not clearly established. Therefore, the motion to dismiss is granted. “Under Reichle, therefore, the uncertain status of the right to informational privacy means that Defendants … Continue reading

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Chattanooga Times Free Press: State health department gives names, addresses of Tennesseans with COVID-19 to law enforcement

Chattanooga Times Free Press: State health department gives names, addresses of Tennesseans with COVID-19 to law enforcement by Anita Wadhwani (“The Tennessee Department of Health is providing the names and addresses of residents who test positive for COVID-19 to sheriffs … Continue reading

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WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.

WaPo: Our privacy regime is broken. Congress needs to create new norms for a digital age.

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Paul Ohm, The Many Revolutions of Carpenter

Paul Ohm, The Many Revolutions of Carpenter, 32 Harv. J.L. & Tech. ___ (2O019) (forthcoming). Abstract:

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EFF: New York City Home-Sharing Ordinance Could Create Privacy Nightmare

EFF: New York City Home-Sharing Ordinance Could Create Privacy Nightmare by Rebecca Jeschke: Many cities across the country are struggling with issues surrounding short-term vacation rentals and how they affect the availability and price of housing for local residents. However, … Continue reading

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NC: While watching a house just before SW execution in a drug case, transfer of boxes between cars was RS for visitor’s car

Reasonable suspicion here came from the fact that defendant transferred boxes from the vehicle of a target of a search warrant to his own while officers were watching, warrant in hand. His driving wasn’t evasive, and he likely didn’t even … Continue reading

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BLT & NYT: Feds Reveal New Details About Secret Database of Phone Records

BLT: Feds Reveal New Details About Secret Database of Phone Records by Zoe Tillman: The U.S. Department of Justice, forced by a judge to reveal information about a secret law enforcement database of phone records, on Thursday disclosed new details … Continue reading

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City AM: Uber has five out of six bases in New York City suspended after failing to hand over trip records

City AM: Uber has five out of six bases in New York City suspended after failing to hand over trip records by Guy Bentley: New York City has suspended the majority of Uber bases after the taxi app company refused … Continue reading

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TechDirt: Court Asked Why There’s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself

TechDirt: Court Asked Why There’s No Expectation Of Privacy In Cell Location Data, But An Expectation Of Privacy In The Cellphone Itself by Tim Cushing: from the warrants-warranted dept

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WaPo: Volokh Conspiracy: Los Angeles v. Patel and the constitutional structure of judicial review

WaPo: Volokh Conspiracy: Los Angeles v. Patel and the constitutional structure of judicial review by Nicholas Quinn Rosenkranz: On March 3, at 10 a.m., the Supreme Court will hear arguments in Los Angeles v. Patel, a fascinating case about the … Continue reading

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NYLJ: Does ‘Riley’ Portend the Demise of the Third Party Doctrine?

NYLJ: Does ‘Riley’ Portend the Demise of the Third Party Doctrine? by Peter A. Crusco: In his Cyber Crime column, Peter A. Crusco, executive assistant district attorney, investigations division, Office of the Queens County District Attorney, addresses ‘Riley’ and its … Continue reading

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Local police and private license plate reader data goes into a private database to locate you nationwide

Remember your local police license plate readers? The private National Vehicle Location Service (NVLS) gathers that information from them and private sources, and then law enforcement can get it from everywhere in the country to prove where your car was. … Continue reading

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