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Article • May 15, 2021 • from CLN June, 2021
Reverse Location Warrants Neglect Particularity Requirement by Casey Bastian by Casey J. Bastian Federal and state law enforcement agencies have been increasingly using mobile device data warrants as a modern investigative tool. Authorities present technology service providers, such as Google, with “reverse location” warrants seeking electronic data information of all …
Article • May 15, 2021 • from CLN June, 2021
Internet-Connected Devices and the Fourth Amendment by Anthony Accurso by Anthony Accurso Angel Diaz, a staff expert with the Brennan Center for Justice, recently published a report on internet-connected devices titled “Law Enforcement Access to Smart Devices.” This report is part of an ongoing project by Diaz, counsel with the …
Article • May 15, 2021 • from CLN June, 2021
Leaving Digital Trails by Jayson Hawkins by Jayson Hawkins In the fast-paced digital world of ever-increasing convenience, few people can be bothered with reading the fine print. Yet the devil lurks in the details, and by clicking “I agree” to the terms of a phone app, an always-on device, or …
Article • April 15, 2021 • from CLN May, 2021
Surveillance and the City by Jayson Hawkins by Jayson Hawkins The year 2020 was one most people would like to forget, yet for the nine cities that fell in the crosshairs of Operation Legend, the repercussions will be felt for years to come. Operation Legend was a U.S. Department of …
Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests by Douglas Ankney by Douglas Ankney The Michigan State Police (“MSP”) made admissions in a lawsuit revealing that top officials within the MSP used a text-messaging encryption app that causes messages to self-destruct once deleted, leaving …
Article • April 3, 2021
End Controversial Programs That Fund Surveillance Tech by Anthony Accurso By Anthony Accurso The incoming Biden administration has promised to work on the issues of inequity in policing and racial inequity. These issues are intertwined and will be mostly complicated to solve. However, President Biden could start by issuing executive …
Article • March 15, 2021 • from CLN April, 2021
New Drone Tech Being Deployed by Police by Anthony Accurso by Anthony Accurso Law enforcement use of unmanned aerial vehicles, UAVs or “drones,” became more common during the pandemic and nationwide protests, but new drone technology being deployed by police departments has troubling implications for civil rights. Chula Vista, a …
Brief • March 12, 2021
Lieberman v. Portage County, WI, Judgment, Violation of Surveillance Act, 2021 Case: 3:18-cv-00450-jdp Document #: 149 Filed: 03/12/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRJCT OF WISCONSIN BRETT LIEBERMAN, individually and on behalf of all others similarly situated, Plaintiff, v. PORTAGE COUNTY, MIKE …
Article • January 15, 2021 • from CLN February, 2021
Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …
Article • January 15, 2021 • from CLN February, 2021
Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications by Anthony Accurso by Anthony Accurso On Election Night, November 3, 2020, Michigan voters approved a ballot measure amending the state constitution to add electronic data and communications to the category of items protected from unreasonable searches and seizures. …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law by Douglas Ankney by Douglas Ankney The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the …
Article • November 15, 2020 • from CLN December, 2020
Federal Judges Beginning to Reject Geofence Warrants by Anthony Accurso by Anthony Accurso Geofence warrants have become a common way for law enforcement to link a crime to a suspect using data gathered from smartphones. However, this process is legally dubious, and two federal judges from the district court in …
Article • November 15, 2020 • from CLN December, 2020
Proliferation of Police Drones Feeds Big Brother’s Need for Big Data by Anthony Accurso   by Anthony Accurso A recent article by Nick Mottern on Truthout.org highlights the growing trend of big data collection made possible by tech in policing, specifically the proliferation of drones with cameras. Julie Weiner was …
Article • October 18, 2020
Your Neighborhood Does Not Need an Automated License Plate Reader by Anthony Accurso by Anthony W. Accurso Companies are targeting Homeowners Associations and Neighborhood Associations as potential customers for Automated License Plate Readers (ALPRs), promising the devices will keep neighborhoods safe. However, there is no evidence these devices improve safety, …
Article • September 30, 2020
Three New Tools for Identifying Who’s Watching You by Dale Chappell by Dale Chappell With the countless ways the government can collect data on you, the Electronic Frontier Foundation (“EFF”) has introduced three new tools to help you identify what technologies are being used by government agencies to watch you. …
Article • September 22, 2020
Doorbell Cameras Warn Homeowners of Police Searches and Raids by Dale Chappell by Dale Chappell Touted as a convenient way to monitor who’s at your front door, internet-enabled doorbell cameras send alerts to users’ cellphones where they can view the camera footage in real-time from a remote location. It’s a …
Article • September 15, 2020 • from CLN October, 2020
Government Agencies Expand Use of Private Companies to Bypass Constitution by Casey Bastian by Casey Bastian Most Americans are not aware that Vigilant Solutions has a product called “Law Enforcement Archival Reporting.” U.S. Customs and Border Protection (“CBP”) knows about it and reportedly uses its database to conduct warrantless surveillance. …
Article • September 8, 2020
Filed under: Recordings
Smart Devices Tapped Into by Police During Investigations by Kevin Bliss by Kevin Bliss Wired magazine reported earlier this year that police requests for smart-speaker user data from Amazon was up 24% from last year, 72% from the first time Amazon disclosed this information in 2016. Police have requested 3,000 …
Article • August 28, 2020
Why We Need to Keep the Communications Decency Act Intact by Dale Chappell by Dale Chappell While the First Amendment of the U.S. Constitution protects our right to free speech, a federal law that protects platforms and users who repost that free speech is under attack and at risk from …
Article • August 21, 2020
Triaging Evidence Can Lead to Oversights and Misinterpretation by Anthony Accurso by Anthony Accurso A study from the UK found that triaging digital evidence can lead to oversights and misinterpretation when the process is not designed or implemented in a way that guards against such failures. The data, published in …
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