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Article • August 1, 2024 • from CLN August, 2024
FBI Encourages Use of Controversial Surveillance Program Despite Misuse by Jo Ellen Nott by Jo Ellen Nott A top FBI official is urging his agents to continue using a warrantless foreign surveillance program, Section 702, to justify the bureau’s surveillance powers. This program, which has been misused to target U.S. …
$3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping by Jo Ellen Nott by Jo Ellen Nott A Colorado jury awarded a 78-year-old woman, Ruby Johnson, $3.76 million in damages on March 1, 2024, after a SWAT team raided her home based on …
Article • July 15, 2024 • from CLN July, 2024
Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet by Douglas Ankney by Douglas Ankney   According to Techdirt, the federal government is obtaining court orders forcing Google and others to provide user ID information of people accessing innocuous …
Article • July 15, 2024 • from CLN July, 2024
Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration by Douglas Ankney by Douglas Ankney   The Supreme Court of Minnesota declined to extend the good-faith …
Article • June 15, 2024 • from CLN June, 2024
Push Notifications Pull to the Forefront by Michael Thompson by Michael Dean Thompson   The convergence of web technologies with handheld computing devices and high-capacity, inexpensive storage has led to a remarkable new era of corporate data collection most people would find shockingly invasive. Criminal Legal News has covered how, …
Article • June 15, 2024 • from CLN June, 2024
Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology by Michael Thompson by Michael Dean Thompson Considering all the bad press surrounding Facial Recognition Technology (FRT) and its high-profile failures, a recent report from the Government Accountability Office found that the seven agencies believed …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Article • June 15, 2024 • from CLN June, 2024
Misuse of Facial Recognition Technology Threatens Everyone by Michael Thompson by Michael Dean Thompson   Facial recognition technology (FRT) corporations and the policing agencies that use them continue to jeopardize American civil liberties. While their advocates point to a National Institute of Standards and Technology (NIST) study that reported the …
Article • June 15, 2024 • from CLN June, 2024
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 …
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 …
Article • May 15, 2024 • from CLN May, 2024
California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
Article • May 15, 2024 • from CLN May, 2024
De-Identified Is Not Anonymous by Michael Thompson by Michael Dean Thompson Corporations collect all kinds of data about their customers with few rules about what they can do with it. Often, these collections come with assurances that the data will be de-identified before being sold to additional parties such as …
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 • May 15, 2024 • from CLN May, 2024
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
Article • April 15, 2024 • from CLN April, 2024
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso by Anthony W. Accurso Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies …
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
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 …
Does the Fourth Amendment Protect Cellphones at the Border? by Douglas Ankney by Douglas Ankney “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by …
Article • April 15, 2024 • from CLN April, 2024
One Year of New Orleans Police Department Facial Recognition Data by Michael Thompson by Michael Dean Thompson About a year after the New Orleans Police Department (“NOPD”) performed its first facial recognition scan under a new policy that reauthorized its use, they have little to show for it. That is …
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