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The FBI Really Doesn’t Want the Public to Know About This Surveillance Device by Michael Thompson by Michael Dean Thompson The American Civil Liberties Union (“ACLU”) successfully sued for access to FBI information regarding cell-site simulators (“CSS”). For years, the FBI has used nondisclosure agreements (“NDA”) to hide their use …
Article • September 1, 2024 • from CLN September, 2024
Push Notifications: Yet Another Secret Surveillance Technique by Michael Thompson by Michael Dean Thompson According to what Cooper Quentin who is a technologist at the Electronic Frontier Foundation told the Washington Post, the government has promised they will only use this latest tool for the most grievous crimes. We have …
Article • August 1, 2024 • from CLN August, 2024
Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence by In early July, dozens of incarcerated individuals in Colorado counties Arapahoe and Douglas, received a promising letter from the District Attorney’s office. DA John Kellner was notifying defendants in cases that could have been affected by allegations of …
Article • August 1, 2024 • from CLN August, 2024
Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead, The Rutherford Institute—Commentary “Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him …
Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney by Douglas Ankney The Department of Homeland Security (“DHS”) has an impressive cache of surveillance technology that includes, inter alia, automated license plate readers (“ALPR”) and cell-­site simulators (“CSS”). The latest tracking and surveillance …
Article • July 15, 2024 • from CLN July, 2024
Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford by Sam Rutherford   The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating …
Massachusetts Supreme Judicial Court Affirms Trial Court’s Exclusion of Expert Testimony on iPhone’s Frequent Location History Data as Not Sufficiently Reliable Under Daubert-Lanigan Standard by Douglas Ankney by Douglas Ankney   In a case of first impression, the Massachusetts Supreme Judicial Court affirmed a trial court’s exclusion of expert testimony …
Stinging Back: Resisting Government Surveillance of Cellphones by Anthony Accurso by Anthony W. Accurso A cell-site simulators (“CSS”)—often referred to as a “Stingray” device, after a popular brand—is one of the newest and most controversial law enforcement tools since the introduction of the wiretap. Its use represents the intersection of …
Cellular Roaming’s Inadequate Security by Michael Thompson by Michael Dean Thompson Cellphones must be able to continue providing service when connected to networks other than those to which their owners subscribe. The ability to roam beyond the subscriber’s borders without interruption of service is available because network providers across the …
Googling Your Privacy by Michael Thompson by Michael Dean Thompson Google is the unrivaled search giant, and its Android is the second most widely used cellphone operating system in the U.S. Their additional offer of free software is all designed to leverage what they know about you and increase the …
Article • April 15, 2024 • from CLN April, 2024
Pharmacies Are Giving Your Prescription Data to Police Without a Warrant by Anthony Accurso by Anthony W. Accurso Following a congressional investigation, some lawmakers wrote a letter to the Department of Health and Human Services (“HHS”) about how the eight largest pharmacy chains provide patient prescription information to police without …
Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret by Jo Ellen Nott by Jo Ellen Nott Cellebrite—the Israeli digital intelligence company that provides data extraction tools for law enforcement to collect, analyze, and manage digital data—is asking its customers to keep the technology a secret. For …
Tracking Your Cellphone Might Be Easier Than You Think by Michael Thompson by Michael Dean Thompson The University of Toronto’s Citizen Lab investigated weaknesses in the manner with which cellphones and their locations are passed from tower to tower. What they found was that it was remarkably easy for a …
A Legal Argument Against Government Purchase of Location Data by Anthony Accurso by Anthony W. Accurso The lack of effective privacy legislation covering the U.S.—combined with the occasional, poorly worded limitations imposed by the courts—has led to the current situation where law enforcement and other government agencies have been purchasing …
FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality by Anthony Accurso by Anthony W. Accurso As part of the National Defense Authorization Act for fiscal year 2024, signed by President Biden on December 22, 2023, Congress has extended the deadline to April 19th to fully re-authorize, …
Article • March 15, 2024 • from CLN March, 2024
Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term by Matthew Clarke by Matthew Clarke The Supreme Court of Nebraska held that a term of probation cannot be extended beyond its expiration date based on the mere fact that an …
Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator by Anthony Accurso by Anthony W. Accurso The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable …
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) …
Vendors Late to Recognize the Serious Threat of Cell-Site Simulators by Michael Thompson by Michael Dean Thompson Cell-site simulators (“CSS”), also known by the brand name Stingray and more generically as IMSI Catchers, have permitted governments to spy on each other, hackers to install zero-click malware, and stalkers to track …
Article • January 15, 2024 • from CLN January, 2024
Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly the Court of Appeals) held that a defendant had …
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