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FBI Works to Expand Court Authority for Its Offensive Cyber Operations by Anthony Accurso by Anthony W. Accurso The FBI’s effort to disable an army of zombie computers being used for cyber-crime is pretty mediagenic, but it is the latest step in the DOJ’s plan to render jurisdictional limits on …
Article • February 15, 2024 • from CLN February, 2024
Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments by Jo Ellen Nott by Jo Ellen Nott After months of debate, the Los Angeles City Council approved the donation of a $280,000 robotic police dog in late May of 2023 in …
Article • February 15, 2024 • from CLN February, 2024
Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment by Douglas Ankney by Douglas Ankney According to an investigation by The Wall Street Journal, a company known as Near Intelligence purchases individuals’ private data from brokers who usually …
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 …
The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead This essay originally appeared in Rutherford on November 29, 2023. “We are rapidly entering the age of no privacy, where everyone is open to surveillance at all …
Article • January 15, 2024 • from CLN January, 2024
Police Requests to Google Replacing Old Fashioned Detective Work by Anthony Accurso by Anthony W. Accurso A recent report by Julia Love and Davey Allen, writing for Bloomberg, highlights how the default for what passes for police investigative work is simply requesting data from Google for even the pettiest crimes. …
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …
FBI Buys Software to Enslave Your Phone by Michael Thompson by Michael Dean Thompson NSO Group is an Israeli firm started by former Israeli intelligence officers that produced some remarkably infamous software. The company’s software has become notorious for its use by governments with little regard for human rights violations …
Article • January 15, 2024 • from CLN January, 2024
House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI by Jo Ellen Nott by Jo Ellen Nott The House Judiciary Committee and Weaponization Select Subcommittee headed by Ohio Republican Jim Jordan is actively investigating major banks for allegedly sharing Americans’ private financial information …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
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
The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance by Anthony Accurso by Anthony W. Accurso The Electronic Frontier Foundation (“EFF”) released an interactive map to track the network of surveillance towers along the U.S. borders with Mexico and Canada, as well as several and some …
Article • December 15, 2023 • from CLN December, 2023
Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged by Matthew Clarke by Matthew Clarke Ever since it was used to identify the Golden Gate Killer in 2018, Forensic Genetic Genealogy (“FGG”) has been accepted by law enforcement as a tool for identifying unknown …
Article • December 15, 2023 • from CLN December, 2023
Texas Using Highly Sophisticated Israeli Phone Tracking Software by Jo Ellen Nott by Jo Ellen Nott Texas Governor Greg Abbott (R) launched Operation Lone Star in March 2021 after declaring a state of emergency in response to a rise in border crossings and fentanyl trafficking in southern Texas. As part …
Article • December 15, 2023 • from CLN December, 2023
We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372 by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the …
Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …
Article • November 1, 2023 • from CLN November, 2023
Your Car Is Spying on You by Michael Thompson by Michael Dean Thompson While it is true that Americans tend to carry their cellphones as grafted appendages, it may be that their cars know even more about them than their cellphones. Consider the following scenario: Jane sees that her car …
People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check by Douglas Ankney by Douglas Ankney The people of Maine have made a bold step in corralling the “unaccountable power of fusion centers” with the passage of HP 947, An Act to Increase the Transparency and …
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 …
Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …
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