Back in October 2009, I blogged about a lawsuit alleging Owensboro Public Schools in Kentucky violated a student’s constitutional rights and its own district policies in conducting a warrantless cellphone search and then expelling the student. Somewhere between then and now, I missed the court opinion’s in the case, but apparently, they had granted the…
Category: U.S.
DOJ Misled Judges For Years About How It Was Using Stingray Devices To Spy On People
Mike Masnick writes that the DOJ’s lack of forthrightness with the courts about its use of Stingray technology is becoming more evident: The ACLU filed a bunch of FOIA (Freedom of Information Act) requests to dig into this and newly released documents show that, indeed, it was apparently standard practice by the DOJ to be “less…
FBI Pursuing Real-Time Gmail Spying Powers as “Top Priority” for 2013
Ryan Gallagher reports: …. Because Gmail is sent between a user’s computer and Google’s servers using SSL encryption, for instance, the FBI can’t intercept it as it is flowing across networks and relies on the company to provide it with access. Google spokesman Chris Gaither hinted that it is already possible for the company to…
What is the State of the Jones Trespass Test After Florida v. Jardines?
Orin Kerr writes: In United States v. Jones, 132 S.Ct. 945 (2012), the Supreme Court announced that the Katz reasonable-expectation-of-privacy test is not the only test for what is a Fourth Amendment search. According to Jones, Katz supplemented but did not replace the trespass test that the Court indicated had existed beforeJones. According to Jones, “[t]respass . . conjoined with . ….