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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 …
Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
Article • April 15, 2024 • from CLN April, 2024
Potential Dangers of Medical Monitors by Michael Thompson Michael Dean Thompson Modern medical science has delivered some remarkable lifesaving technologies. Included in the list of modern marvels are pacemakers equipped with telemetry systems that permit remote monitoring but also remote modification of their operating parameters. With such a pacemaker, a …
FBI’s Bias for Keywords by Carlo Difundo by Carlos Difundo In September of 2021, then-Assistant Director for Counterterrorism Jill Sanborn told the Senate that the FBI did not monitor publicly available social media conversations. “It’s not within our authorities,” she told them, adding that the First Amendment barred them from …
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 …
Article • April 15, 2024 • from CLN April, 2024
Police Bodycams: If You Film It … by Michael Thompson by Michael Dean Thompson One hundred petabytes is a difficult quantity to comprehend. In plain English, that is about 113 quadrillion or 113 followed by 15 zeroes. According to ProPublica, that is the rough data equivalent of 25 million copies …
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 …
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