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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 …
Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain by Jo Ellen Nott by Jo Ellen Nott In a move applauded by privacy advocates, Amazon-owned Ring announced on January 24, 2024, that it will no longer allow police to request doorbell camera footage directly from users through …
North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North ­Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …
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 …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation by Richard Resch by Richard Resch The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist …
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
Suspicion of Government Surveillance Increasing by Anthony Accurso by Anthony W. Accurso The concern among Republicans and right-leaning independent voters that federal law enforcement agencies—particularly the FBI—are becoming politicized is driving an increase in the distrust these Americans have that these agencies will abuse access to personal data. Traditional conservative …
Article • March 15, 2024 • from CLN March, 2024
Cops Just Love Secret Metadata Collection by Michael Thompson by Michael Dean Thompson Policing agencies throughout the country continue to find new ways to secretly surveil Americans. Senator Ron Wyden, a Democrat from Oregon, has discovered yet another way the cops are working in the dark to scrutinize the behaviors …
Article • March 15, 2024 • from CLN March, 2024
Cops’ Sky-High Hopes by Michael Thompson by Michael Dean Thompson Drones as a first responder are the latest cop fad in America. They hope that drones will be able to arrive on the scene faster than a patrol officer and provide the lay of the land for arriving cops. Across …
Article • March 15, 2024 • from CLN March, 2024
LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment by Anthony Accurso by Anthony W. Accurso LexisNexis is known by many of Generation X as the provider of education software, but it is actually a data company that has applied its expertise in the controversial realm of human intelligence, …
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 …
Article • March 15, 2024 • from CLN March, 2024
Understanding Fusion Centers by Michael Thompson by Michael Dean Thompson Introduction After 9/11, authorities determined the event was possible due to a failure of the various intelligence agencies to communicate with each other and share their information, data, insights, and discoveries. In 2007, Eben Kaplan wrote for the Council on …
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