First rulings in our lawsuit over DHS travel records
From The Identity Project U.S. District Court Judge Richard Seeborg has issued his first rulings inHasbrouck v. CBP, our lawsuit seeking information from and about DHS records of the travels of individual US citizens. Judge Seeborg granted some of the government’s motions for summary judgment and some of ours, ordered US Customs and Border Protection (CBP) to conduct further searches and disclose any non-exempt responsive records they find, and ordered the parties to confer on the remaining unresolved issues. We’re still studying the order, which we received notice of late yesterday. But here are some key aspects of the ruling — including some issues of first ...
Google announces upcoming changes that affect your privacy
A change by any other name is still a change. Google announced some upcoming changes in its official blog. While the consolidation of privacy policies is a Good Thing, other changes are already receiving a negative reaction. The main change is that they will be integrating more user information across services if you are logged in to a Google account: The main change is for users with Google Accounts. Our new Privacy Policy makes clear that, if you’re signed in, we may combine information you've provided from one service with information from other services. In short, we’ll treat you as a ...
Encryption and the Fifth Amendment Right Against Self-Incrimination
Orin Kerr writes: I blogged a lot about this topic a few years ago when the Boucher case was pending; although an appeal was filed in that case in the First Circuit, the appeal was dropped so the appellate court never decided it. In any event, several readers point me to a new decision on the topic, United States v. Fricosu, out of the District of Colorado. Based on a quick read of the opinion, the legal analysis in the Fricosu opinion is not a model of clarity. But it strikes me as a replay of the district court decision inBoucher: The Court ends up ordering the defendant ...
No-warrant search by Burbank police justified, U.S. Supreme Court rules
Burbank police officers investigating a rumor that a truant teenager was planning to "shoot up" Bellarmine-Jefferson High School five years ago were justified in invading the student's family home without a warrant because of concerns that violence was imminent, the U.S. Supreme Court ruled Monday. The unanimous, unsigned decision by the high court served as fresh censure of the U.S. 9th Circuit Court of Appeals, with which the justices are frequently at odds. A three-judge panel of the appeals court had ruled, 2-1, against granting immunity to four Burbank Police Department officers who entered the home without a warrant. Read more in ...
SCOTUS: Want to attach a GPS device to a car to track it? You may need a warrant.
Nabiha Syed provides a roundup of responses to the Supreme Court's decision in United States v. Jones that warrantless attachment of a GPS tracking device constitutes a search under the Fourth Amendment. You can also find a selection of thoughts and commentaries on Concurring Opinions. Note that deciding that attaching a GPS to a car is a search under the Fourth Amendment is not the same as deciding that it always requires a warrant or that this particular search was unreasonable. But it's still a pretty positive outcome for privacy advocates. On first read of the decision, I find myself pleasantly surprised by ...
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Google announces upcoming changes that affect your privacyA change by any other name is still a change. Google announced some upcoming changes...
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First rulings in our lawsuit over DHS travel recordsFrom The Identity Project U.S. District Court Judge Richard Seeborg has issued his...
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First rulings in our lawsuit over DHS travel records
From The Identity Project U.S. District Court Judge Richard Seeborg has issued his first rulings inHasbrouck v. CBP, our lawsuit seeking information from and about DHS records of the travels of individual US citizens. Judge Seeborg granted some of the government’s motions for summary judgment and some of ours, ordered US Customs and Border Protection... [Read more of this story]
Google announces upcoming changes that affect your privacy
A change by any other name is still a change. Google announced some upcoming changes in its official blog. While the consolidation of privacy policies is a Good Thing, other changes are already receiving a negative reaction. The main change is that they will be integrating more user information across services if you are logged in to a Google account: The... [Read more of this story]
Encryption and the Fifth Amendment Right Against Self-Incrimination
Orin Kerr writes: I blogged a lot about this topic a few years ago when the Boucher case was pending; although an appeal was filed in that case in the First Circuit, the appeal was dropped so the appellate court never decided it. In any event, several readers point me to a new decision on the topic, United States v. Fricosu, out of the District... [Read more of this story]
No-warrant search by Burbank police justified, U.S. Supreme Court rules
Burbank police officers investigating a rumor that a truant teenager was planning to “shoot up” Bellarmine-Jefferson High School five years ago were justified in invading the student’s family home without a warrant because of concerns that violence was imminent, the U.S. Supreme Court ruled Monday. The unanimous, unsigned decision... [Read more of this story]
SCOTUS: Want to attach a GPS device to a car to track it? You may need a warrant.
Nabiha Syed provides a roundup of responses to the Supreme Court’s decision in United States v. Jones that warrantless attachment of a GPS tracking device constitutes a search under the Fourth Amendment. You can also find a selection of thoughts and commentaries on Concurring Opinions. Note that deciding that attaching a GPS to a car is... [Read more of this story]
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