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Article • August 1, 2025 • from CLN August, 2025
The Quiet Transformation of Government Data into a Mass Surveillance Tool by David Kim In recent years, the federal government has been repurposing data originally collected for public services—such as tax filing, health care enrollment, and labor oversight—into a powerful tool for mass surveillance and law enforcement. Fueled by executive …
New Orleans Police Continue Using Facial Recognition Despite City Restrictions by James Mills The New Orleans Police Department (“NOPD”) has used artificial intelligence-­powered facial recognition technology since at least 2018, often bypassing city ordinances designed to limit such surveillance, according to public records, internal emails, and a 2025 Washington Post …
Class Incarceration Has Become a Prominent Factor in Mass Incarceration by Charles "Keith" Wampler Although the issue is not even close to being resolved, the United States has, in recent years, made some noticeable progress on the issue of racial disparity in our criminal justice system. Regardless of what research …
The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny by John & Nisha Whitehead This column was originally published on May 29, 2025, on Rutherford.org. It has been reprinted with permission   “If one company or small group of people manages to develop godlike digital superintelligence, they …
Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows by Michael Thompson In Arizona, a secretive program has quietly amassed a staggering trove of financial data on tens of millions of Americans and individuals worldwide, all under the guise of fighting crime. …
Article • July 1, 2025 • from CLN July, 2025
Driverless Vehicles Are the Newest Mass Surveillance Tool of Law Enforcement by James Mills The ever-­growing army of self-­driving vehicles quietly traveling through our cities are becoming something far more than just driverless vehicles—they’re morphing into the most sophisticated mobile surveillance network law enforcement has ever had. Police departments across …
Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement by Richard Resch The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration …
Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns by David Kim by David Kim At United States border crossings, Customs and Border Protection (“CBP”) wants to photograph every vehicle occupant, from drivers to back-seat passengers, using real-time facial recognition to match images with …
Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement by David Kim by David Kim Police records obtained by WIRED reveal that the rise of internet-connected car features, spurred by automakers’ subscription models, is increasing drivers’ vulnerability to government surveillance. These documents expose how law enforcement agencies exploit the …
ICE’s Expansive Surveillance Tool Monitors Hundreds of Websites and Apps by James Mills by James Mills U.S. Immigration and Customs Enforcement (“ICE”) has developed a powerful surveillance tool that allows analysts to extract metadata from hundreds of websites, apps, and platforms, enabling the agency to gather detailed information on individuals, …
Article • April 15, 2025 • from CLN May, 2025
D.C. Police Continue Heavy Investment in Social Media Monitoring by Anthony Accurso by Anthony W. Accurso The Metropolitan Police Department (“MPD”) in Washington, D.C., has spent hundreds of thousands of dollars to monitor social media activity, targeting protesters and others not suspected of crimes, according to public records obtained through …
Warrantless Device Inspections Surge at the U.S. Border by David Kim by David Kim Travelers entering the United States are facing intensifying scrutiny—not just of their luggage but of their smartphones, laptops, and other digital devices—as border agents increasingly conduct warrantless searches, sometimes copying personal data for further analysis. Civil …
Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization by Jo Ellen Nott by Jo Ellen Nott The shoplifting crisis dominating recent news may be exaggerated, but it has delivered major wins for police departments nationwide. An investigation by The Appeal on March 27, 2025, reveals that fears …
Article • April 15, 2025 • from CLN May, 2025
The FBI’s Encrypted Phone Sting by Michael Thompson by Michael Dean Thompson A San Diego-based company called ANOM, often stylized as “ANØM,” distributed encrypted phones worldwide. These devices were stripped down, hardened against intrusion, and designed to allow messaging only between phones on the same closed network. Unbeknownst to users, …
Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers by Anthony Accurso by Anthony W. Accurso Federal law enforcement agencies have been paying private companies for the information they collect on users—information for which agents would need a warrant to collect themselves. The U.S. Supreme Court ruled in …
How Online Behavioral Ads Fuel Mass Surveillance by Michael Thompson by Michael Dean Thompson It is no secret that digital advertising companies profit handsomely by accessing and exploiting the private information of consumers. What may be surprising, however, is the increasing efficiency with which these companies collect, distribute, and monetize …
Article • March 15, 2025 • from CLN April, 2025
Government Hacks Computers to Thwart Hackers by James Mills by James Mills Did you know the federal government has the ability to access a virtually unlimited range of computers—including laptops, workstations, and library terminals—if it so desires? This revelation comes after the Federal Bureau of Investigation (“FBI”) announced in a …
From the Editor Everything You Always Wanted to Know About Holdings and Dicta* by Richard Resch *But Were Afraid to Ask by Richard Resch As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find …
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