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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 …
Filming ICE Agents at Work: Know Your Rights by Jo Ellen Nott by Jo Ellen Nott Across the United States, Immigration and Customs Enforcement (“ICE”) activity is intensifying, including highly visible raids. Amid this escalation, it is important to remember that the public has a First Amendment right to film …
Article • March 15, 2025 • from CLN April, 2025
Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that when police secretly make a warrantless …
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
Reining in Police Monitoring of Social Media by Michael Thompson by Michael Dean Thompson Social media has revolutionized connectivity, allowing people to develop and maintain relationships well beyond what was possible just a generation earlier. The revolution has, however, enabled the joint planning, execution, and documentation of crimes. It is …
Law Enforcement Obscures Use of Facial Recognition Technology by Sam Rutherford by Sam Rutherford According to an investigative report conducted by the Washington Post and follow-up reporting on TechDirt.com, police departments nationwide are hiding the fact that they are identifying criminal suspects using facial recognition software. A Washington Post article …
Police Departments Are Now Using AI to Write Reports by Anthony Accurso by Anthony W. Accurso Axon, a company that makes products (including weapons) and services available to police departments, has begun selling a new product designed to use artificial intelligence (“AI”) to turn bodycam audio into police reports. However, …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search by Anthony Accurso by Anthony W. Accurso The Supreme Court of Illinois invalidated an officer’s search of a vehicle and held that the odor of burnt cannabis, on its own, …
Article • February 1, 2025 • from CLN February, 2025
Careful What You Search For by Michael Thompson by Michael Dean Thompson Don’t ask Google this simple question: “Are Bengal cats legal in Australia?” That is the gist of an urgent warning on cybersecurity firm Sophos’ website. People who have clicked on the resulting links have had their personal information …
Article • February 1, 2025 • from CLN February, 2025
Surveilling the Harms of Electronic Monitors by Michael Thompson by Michael Dean Thompson The U.S. has a dark carceral history that has led to its maintenance of one of the highest incarceration rates in the world. Advocates for electronic monitoring (“EM”) have often made the claim that it could reduce …
Article • January 15, 2025 • from CLN January, 2025
Protect Yourself Against Police Invasion of Your Cellphone by Douglas Ankney by Douglas Ankney In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court recognized the reality that the amount of data people keep on their cellphones is almost beyond measure. The Riley Court ruled that police must …
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