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#4thamendment

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Public
gr8commandment

The Constitution Study podcast: 470 - Automatic License Plate Readers buff.ly/BVLP5zl #Consitution #4thAmendment #IllegalSearch #government #rights

buff.lyThe Constitution Study podcast: 470 - Automatic License Plate ReadersThere will always be tension between our desire for privacy and safety. We're all for privacy, until we find that an invasion of said privacy could have stopped some terrible event. But are we willing to trade our privacy for safety? “They who would give up an essential liberty for temporary security, deserve neither liberty or security.” --Benjamin Franklin In the case of SCHOLL and BEDNARZ v. Illinois State Police the privacy question revolves around automatic license place readers (ALPRs) and what makes a search reasonable.
Public
PrivacyDigest

How to Protect Yourself From Phone Searches at the US #Border

Customs and Border Protection has broad authority to search travelers’ devices when they cross into the United States. Here’s what you can do to protect your digital life while at the US border.
#privacy #security #cbp #4thAmendment

wired.com/story/how-to-protect

WIRED · How to Protect Yourself From Phone Searches at the US BorderBy Lily Hay Newman
Public
PrivacyDigest

Judge Rules Blanket Search of Cell Tower Data #Unconstitutional

A judge in #Nevada has ruled that “tower dumps”—the law enforcement practice of grabbing vast troves of private personal data from cell towers—is unconstitutional. The judge also ruled that the cops could, this one time, still use the evidence they obtained through this unconstitutional search.
#privacy #4thamendment #surveillance

404media.co/judge-rules-blanke

404 Media · Judge Rules Blanket Search of Cell Tower Data UnconstitutionalJudge says tower dumps violate the 4th amendment, but will let the cops do it this one time, as a treat.
Public
clawfulneutral

Court rules FBI’s warrantless searches violated Fourth Amendment

It’s official: The FBI’s warrantless surveillance of communications seized to protect US national security have at last been ruled unconstitutional and in violation of the #FourthAmendment.

In a ruling made public this week, US District Judge LaShann DeArcy Hall settled one of the biggest debates on government overreach that has prompted calls to reform #Section702 of the Foreign Intelligence Surveillance Act (#FISA) for over a decade.

The Electronic Frontier Foundation (EFF), a digital rights group, noted that the #FBI conducted 3.4 million warrantless searches of US persons’ 702 data in 2021, describing it as a “routine practice.”

The judge stopped short of ruling all such searches unconstitutional, noting in cases where the feds need “timely” access to address a national security emergency, specific exceptions may apply.

Ars Technica / https://archive.md/nCub3 #DragnetSurveillance #4thAmendment #privacy #uspol

Public
MissConstrue

So, y’all remember a little while back I reminded you that the CTA, enacted as part of broader anti-money laundering efforts, mandates small businesses and indie contractors to disclose their beneficial ownership information to the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and had to be done by EOY or we were going to face extreme fines?

It was just ruled unconstitutional, and a temporary injunction to stop enforcement has been ordered. So, what does that mean for you, small businesses owner or independent contractor? That depends on what compliance you have already done. The National Law Review has you covered:

#cta #FinCEN #boi #4thAmendment

natlawreview.com/article/court

National Law Review · Court Issues a Nationwide Injunction Against the Corporate Transparency ActBy Kevin E. Gaunt
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Andrew 🌻 Brandt 🐇

Last night I attended the #Boulder BVSD school district's District Accountability Committee meeting. I am the representative to my kids' high school at the DAC, that advises the school board on policy matters. It's a commitment I made to staying involved in local school operations, regardless of the outcome of the election last year.

The DAC is considering updates to policies surrounding the searches of and interrogations of students on school grounds. The DAC policy subcommittee made several positive changes that strengthen the protections this policy gives to students, who under these kind of circumstances are obviously in a power-imbalance situation.

But there was one change that I couldn't abide, and when I brought it up, it started a nearly hourlong debate in which many other DAC representatives chimed in with their own concerns.

The change was to give schools the permission to search students' mobile devices and laptops. It was a one-line insertion into an existing policy that gives school officials permission to search student lockers.

I made the point that phones/laptops often contain highly sensitive, personal information that falls outside the scope of any legitimate investigation, and that the language was overbroad and failed to take into account the need for student data privacy and limiting the scope of the search, and raises significant civil rights issues.

Another DAC member raised the issue that the policy seems to lay the responsibility for students maintaining the security of their devices on the students, even when an adult has access to those devices, which seemed weirdly out of sync.

Yet another DAC member was concerned that there was no guidance about how such searches would be conducted, and under what circumstances. Doesn't changing a policy like this lead to potential 'fishing expeditions' on specious evidence or even just allegations of misbehavior without evidence?

In the end, the DAC thought this policy would sail through and be passed along to the BVSD board for their approval next week. I think the policy needs significant rework and there's no way the board should pass it in its current form. I will speak at the school board meeting next week to get that point across, because the way it looks right now, I would not want my name connected to this policy.

#COpolitics#BVSD#SchoolBoard
Public
Kagan MacTane (he/him)

Another day, another way that government agencies do an end-run around the 4th Amendment by getting your data from private data brokers. In this case, it's the US Secret Service, Customs and Border Patrol, and Immigration and Customs Enforcement — aka ICE or "la Migra" — getting your location data from a tool called "Locate X".

404media.co/fyi-a-warrant-isnt

404 Media · 'FYI. A Warrant Isn’t Needed': Secret Service Says You Agreed To Be Tracked With Location DataThe Secret Service has used a technology called Locate X which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.
#security#surveillance#tracking
Public
Benjamin Carr, Ph.D. 👨🏻‍💻🧬

'FYI. A #Warrant Isn’t Needed': #SecretService Says You Agreed To Be Tracked With #Location Data
The Secret Service has used a technology called #LocateX which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.
404media.co/fyi-a-warrant-isnt #privacy #surveillance #FourthAmendment #4thAmendment

404 Media · 'FYI. A Warrant Isn’t Needed': Secret Service Says You Agreed To Be Tracked With Location DataThe Secret Service has used a technology called Locate X which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.
Public
Bongolian

Chase DiFeliciantonio: Bay Area cities are monitored by #AI car-tracking cameras. A lawsuit says they’re unconstitutional

"The San Francisco Police Department’s high-tech answer to catching thieves and other criminals is facing a challenge in a federal court after a nonprofit filed suit against the maker of Flock Safety license plate reading cameras.

Filed in a #Virginia federal court Monday by the public interest law firm Institute for Justice, the suit alleges the pervasive “dragnet” created by the cameras violates Fourth Amendment protections against unreasonable searches.

The suit names two residents of Virginia cities Norfolk and Portsmouth as plaintiffs, claiming the installation of the cameras where they live makes it impossible for them to move about the city by car without having their movements logged by the system."

#sfbayarea #Surveillance #sanfrancisco #california #4thamendment
sfchronicle.com/bayarea/articl

Public
PrivacyDigest

@eff to #TenthCircuit : Protest-Related Arrests Do Not Justify Dragnet Device and Digital Data Searches
#privacy #security #arrest #fourthamendment #4thamendment

eff.org/deeplinks/2024/09/eff-

Electronic Frontier Foundation · EFF to Tenth Circuit: Protest-Related Arrests Do Not Justify Dragnet Device and Digital Data SearchesThe case, Armendariz v. City of Colorado Springs, challenges device and data seizures and searches conducted by the Colorado Springs police after a 2021 housing rights march that the police deemed “illegal.” The plaintiffs in the case, Jacqueline Armendariz and a local organization called the Chinook Center, argue these searches violated their civil rights.
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