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Articles by Anthony Accurso

Unchecked Federal Use of Facial Recognition Tech

by Anthony W. Accurso

 

A June 29, 2021, report from the Government Accountability Office (“GAO”) details the use of facial recognition technology (“FRT”) among federal agencies and documents alarming lack of accountability, transparency, or any meaningful policies governing its use.

The GAO report reviewed 42 of the 86 federal ...

Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance

by Anthony W. Accurso

Americans are being subjected to a rapid proliferation of surveillance in every area of their lives, jeopardizing their privacy interests and rights under the Fourth Amendment of the U.S. Constitution. Law enforcement agencies at all levels are increasing the amount and types of spying as new ...

How Law Enforcement Get Past Phone Encryption

by Anthony W. Accurso

Reporting from Wired shows how researchers at Johns Hopkins University looked into vulnerabilities in Apple and Android phones and how they can be exploited by groups like law enforcement and other government actors.

Cryptographers at Johns Hopkins analyzed the current state of encryption, the technology used ...

Law Proposed to End Sales of Private Data to Law Enforcement

by Anthony W. Accurso

A bill introduced in mid-April by Ron Wyden (D-OR), Rand Paul (R-KY) and 18 other U.S. Senators would make it illegal for law enforcement and intelligence agencies to purchase Americans’ sensitive information—including geolocation data or the content of communications—from any company that collects such data.

This ...

USPS Reveals Social Media Surveillance Program

by Anthony W. Accurso

The United States Postal Service (“USPS”) has been running a semi-secret program monitoring social media site traffic, raising concerns about the purpose or authority for such a program surveilling American citizens.

First reported in April 2021 by Jenna Winter on Yahoo! News, the USPS had published ...

Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant

by Anthony W. Accurso

The Supreme Court of Rhode Island held that the search warrant used to search a defendant’s home was invalid because the officer’s failure to append the alleged child porn video or a still image thereof or even describe the material with anything other than conclusory language ...

Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition

by Anthony W. Accurso

THe Supreme Court of Georgia held that claims of merger error during sentencing may be raised for the first time in a properly filed habeas petition and are not procedurally barred by failure to raise such claims in the trial court or on direct appeal.

On ...

The Clash Between Closed-Source Forensic Tools and the Confrontation Clause

by Anthony W. Accurso

Technology companies and prosecutors are working together to assert the right of the companies to protect their intellectual property in ways that deny criminal defendants their right to challenge the reliability of forensic evidence in criminal proceedings. This assertion of intellectual property rights is done in ...

Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry

by Anthony Accurso

The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic offense.

Campbell County Sheriff’s Deputy Ryan Kellison attempted to pull over an SUV that he noticed had no ...

Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors

by Anthony Accurso

The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement without performing the proper analysis.

Wayne Thomas Burnley was arrested one night in April 2015 ...

 

 

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