4th Amendment
176 Articles
Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries
A recently declassified FISA Court opinion shows how serious the threat is that Section 702 could be exploited as a loophole for warrantless surveillance in domestic policing.
A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…
What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment
On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…
A Cosmic Legal Collision: The Engineer vs. The Border Patrol
For a quarter of a century, Terry Bressi, staff member and chief engineer for the Spacewatch Project at the University of Arizona’s Lunar & Planetary Lab, has had two…
The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…