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Fog Data Science, Your Hometown Data Broker by Anthony Accurso by Anthony W. Accurso Criminal Legal News has previously reported on data broker companies — companies that buy and sell data on consumers, most often location data harvested from mobile apps. Fog Data Science is one such company, though one …
Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court (“SJC”) of Massachusetts validated one warrant …
Article • September 15, 2022 • from CLN October, 2022
Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …
FBI Forces Suspect to Unlock Messaging App Using FaceID by Anthony Accurso by Anthony W. Accurso In the first known public instance of such a warrant, a US District Court approved a warrant allowing the FBI to use a suspect’s face to unlock his secure messaging app in order to …
The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure by Anthony Accurso by Anthony W. Accurso On January 7, 2021, the FBI published a document entitled “Lawful Access,” detailing what information is available from various online messaging platforms and providing guidance to various law enforcement agencies on how …
Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government by Mara Hvistendahl, Sam Biddle Cellebrite’s extensive federal sales come as another Israeli phone-spying firm, NSO Group, falls under federal sanctions. by Mara Hvistendahl, Sam Biddle, The Intercept Investigators with the U.S. Fish and Wildlife Service frequently work to thwart a variety …
Facbook Reminds Police, No Dummy Accounts for Surveillance by Anthony Accurso by Anthony W. Accurso One police tactic that is quickly gaining traction involves surveilling social media posts on sites like Facebook and Twitter, but Facebook (now Meta) is reminding police that fake (or “dummy”) accounts are not allowed. Police …
Article • March 12, 2022
Head of State Police Admits Agency Broke the Law Sanitizing Top Leaders’ Cell Phones by Brooke Kaufman by Brooke Kaufman Baton Rouge, LA — In an interview with the WBRZ Investigative Unit Feb. 18, State Police Colonel Lamar Davis admitted his agency erased the cell phones of top leaders during …
Article • October 15, 2021 • from CLN November, 2021
An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting by Jayson Hawkins by Jayson Hawkins Ever since smartphones became indispensable to everyone, including criminals, police have been working to snoop into the wave of electronic communication these devices facilitate. From searching phones to …
Article • August 15, 2021 • from CLN September, 2021
Details Surface About Firm That Hacked iPhone for the FBI in 2016 by Anthony Accurso by Anthony W. Accurso It was in 2016 that a shooting in San Bernardino, California, sparked legal action in which the FBI attempted to use the courts to force Apple to enable a vulnerability that …
Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year by Douglas Ankney by Douglas Ankney The law of the land is that the “search incident to arrest” exception to the warrant requirement does not apply to the contents of a cellphone. But what about seizures of cellphones? …
Article • June 15, 2021 • from CLN July, 2021
Report Shows Cellphone Searches Common by Jayson Hawkins by Jayson Hawkins The FBI and the Department of Homeland Security have recently engaged in a series of very public quarrels with tech companies over the inability to unlock and search the smartphones of suspects in high-profile murder and terrorism cases. Companies …
Article • April 15, 2021 • from CLN May, 2021
Tracking Browser History by Jayson Hawkins by Jayson Hawkins Technology, like any drug, is a tool that can be used for good or abused for ill. Yet there is some tech so invasive and insidious by nature that government leaders must deny ever having utilized it – at least until …
Article • April 15, 2021 • from CLN May, 2021
Tech Company Enables Surveillance by Jayson Hawkins by Jayson Hawkins A little-known tech company in Texas has altered the landscape of digital police surveillance. Hawk Analytics, headquartered in Bartonville, has developed software that streamlines the process police use to turn the huge quantities of information they get from cellular companies …
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests by Douglas Ankney by Douglas Ankney The Michigan State Police (“MSP”) made admissions in a lawsuit revealing that top officials within the MSP used a text-messaging encryption app that causes messages to self-destruct once deleted, leaving …
Article • February 15, 2021 • from CLN March, 2021
Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan held that police must limit a search of digital data from a cellphone in a manner reasonably directed to …
Article • July 15, 2020 • from CLN August, 2020
Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado held that a warrant authorizing a general search of Pamela Kay Coke’s cellphone was overbroad and violated the Fourth Amendment’s particularity requirement. Fifteen-year-old T.F. told …
Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search by Anthony Accurso by Anthony Accurso The Supreme Judicial Court of the Commonwealth of Massachusetts (“SJC”) upheld a superior court’s order suppressing evidence obtained from a cellphone because the search of the cellphone was unsupported by probable cause, …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 May Ring in a New Era of High-Tech Private Policing by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Rand Corporation, a prominent think tank known for its ability to forecast future trends, describes a post-COVID-19 era where police departments experience reduced, if not curtailed power, and are rendered nearly …
Legal Process Guidelines-Government and Law Enforcement Within the United States  Legal Process Guidelines Government & Law Enforcement within the United States These guidelines are provided for use by government and law enforcement agencies within the United States when seeking information from Apple Inc. (“Apple”) about customers of Apple’s devices, …
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