Ryan Calo writes: Ann Bartow once criticized Daniel Solove for not providing enough “dead bodies” in his discussion of privacy. I tend to disagree that such proof is necessary. But privacy has seen a dead body recently—that of Rutgers University student Tyler Clementi. The narrative around Clementi’s tragic suicide continues to shift. The press originally reported that…
Category: Court
Private property can’t become public beach, court rules
Chuck Lindell reports: Blunting state enforcement of the Open Beaches Act, a 51-year-old law meant to preserve public access to the shoreline, the Texas Supreme Court ruled Friday that state officials cannot seize private property that suddenly moves onto public beaches because of erosion from hurricanes or storms. The 6-2 ruling means state officials can…
MT: Court tosses another conviction over warrantless recording
It’s nice to see the courts not making excuses for warrantless searches. I suspect Montana law enforcement will be more careful about warrants after having two cases tossed in relatively short order. Sanjay Talwani reports: For the second time in a month, the Montana Supreme Court has thrown out a conviction because prosecutors used recordings…
Why did DOJ argue that consumers read and understand privacy policies? Are they ignorant or just unethical?
Over on Slight Paranoia, Chis Soghoian takes the DOJ out to the woodshed for its brief in In the Matter of the Application of the United States of America for an Order Authorizing the Use Of a Pen Register and Trap and Trace Device and Authorizing Release of Subscriber and Other Information. In that brief,…