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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 …
Article • January 15, 2024 • from CLN January, 2024
Human DNA Retrieved From Dogs Might Provide Evidence by Douglas Ankney by Douglas Ankney Researchers from Flinders University in Australia published the results of a study involving the work of the Victoria Police Forensic Services Department and Deakin University regarding the collection of human DNA from 20 dogs from separate …
Brief • December 18, 2023
Expert Declaration of Kelly M. Socia, PH.d-Sexual Crimes and Mandatory Lifetime GPS Statute, Dec 2023 EXPERT DECLARATION OF KELLY M. SOCIA, PH.D. Individuals convicted of sexual crimes and Wisconsin’s mandatory lifetime GPS statute Prepared by: Kelly M. Socia, Ph.D. Professor School of Criminology and Justice Studies University of Massachusetts Lowell …
Brief • December 16, 2023
Filed under: GPS Tracking Device
Report of Kate Weisburd-GPS Monitoring, 2023 REPORT OF KATE WEISBURD I. Qualifications 1. I am a law professor at George Washington University School of Law (“GW”) in Washington, D.C. At GW, I teach Criminal Law, Criminal Procedure, and a seminar on Race, Surveillance, and the Criminal Justice System. Prior to …
CBP Promises Not to Buy Location Data – But Is It a Hollow Promise? by Michael Thompson by Michael Dean Thompson Global Positioning Satellite (“GPS”) systems began as a tool to help the American military prosecute wars. Among its many uses today is to help the American criminal justice system …
Article • December 15, 2023 • from CLN December, 2023
New York Court Rules Police Allowed to Use Familial DNA Searches by Jordan Arizmendi by Jordan Arizmendi In 2022, a New York court barred law enforcement from using familial DNA searches (“FDS”). According to the court, the state’s regulations for FDS were invalid because they first needed to be approved by the …
Article • November 1, 2023 • from CLN November, 2023
Geofencing January 6th by Michael Thompson by Michael Dean Thompson The breaching of the Capitol on January 6, 2021, shocked many Americans. Government filings uncovered since then suggest that even as the unrest raged, law enforcement had begun filing geofence warrants. We now understand that 1,535 names associated with phones …
Study Reveals Important Details About iPhone’s Building Level Registration Reliability by Jo Ellen Nott by Jo Ellen Nott In a stabbing case in The Hague, Netherlands, a suspect facing charges in the deadly incident denied his involvement. Wanting to prove his presence at the crime scene, the Dutch police turned …
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