Deeplinks Blog posts about Locational Privacy
Civil Rights Groups Urge FCC to Issue Enforcement Action Prohibiting Law Enforcement Agencies From Illegally Using Stingrays
It's Not Too Late to Write to Congress About the Disastrous Rule Change
What happens when you try to push a dangerous policy through without the Internet noticing? The Internet fights back.
A few days ago, we warned of an impending rule change that would dramatically increase law enforcement’s authority to hack into computers. We encouraged people, organizations, and companies to add a special banner to their websites for one day, calling on Congress to stop the updates to Rule 41 of the Federal Rules of Criminal Procedure.
This week, the full Fourth Circuit Court of Appeals—in a decision that impacts residents in Maryland, North Carolina, South Carolina, Virginia and West Virginia—held that you have no expectation of privacy in historical location data generated by your cell phone. This decision, which follows decisions from four other federal appellate courts, means that now, in the vast majority of states, federal law enforcement agents don’t need to get a warrant to get access to this data from a cell service provider.
House of Representatives Agrees That 30 Years Is Long Enough, Pushes Much-Needed Email Privacy Reform Bill to the Senate
The U.S. House of Representatives passed the Email Privacy Act (H.R. 699) today, which would require the government to get a probable cause warrant from a judge before obtaining private communications and documents stored online with companies such as Google, Facebook, and Dropbox.
Thanks to EFF and the ACLU, the government has finally admitted it secretly used a Stingray to locate a defendant in a Wisconsin criminal case, United States v. Damian Patrick. Amazingly, the government didn’t disclose this fact to the defendant—or the court—until we raised it in an amicus brief we filed in the case. In the government’s brief, filed late last week, it not only fails to acknowledge the impact of hiding this fact from the defendant but also claims its warrantless real-time location tracking didn’t violate the Fourth Amendment.
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