privacy


On October 28, the Department of Justice will argue to a District Court Judge in Arizona that neither the public nor criminal defendants should learn about a special investigative tool it uses to track individuals’ location via their cellphones. According to the Wall Street Journal, law enforcement and the military are regularly using such devices, called “Stingrays”. In the Arizona case, United States v. Rigmaiden, investigators used the technology to assist them in locating the suspect. That defendant is now asking the court to order the government to turn over information about how stingray functions and how it was used in his arrest so that he can litigate whether use of the device violated his Fourth Amendment rights.

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Isn’t it great that when your car, or phone, or laptop gets lost or stolen, you can use modern technology to find your stuff and get it back? One might think only paranoid Luddites or the thieves themselves would oppose such an innovation. But the joy of a ubiquitous communications/tracking network is tempered by the threat to privacy — and potential liability — for enlisting SkyNet to peer into our cars, purses and bedrooms.

Part One: The Wiretap Act and Find My Computer

Last month, in Clements-Jeffrey v. Springfield, a quirky case involving sex and a stolen laptop, a U.S. District Court judge in Ohio ruled that a laptop-tracking company could be liable for intercepting sexually explicit communications in an effort to identify thieves who stole the computer one plaintiff was using to communicate with the other. …

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A look at the most recent court opinion on cell phone location tracking: http://bit.ly/o171vy

You might be interested in EFF’s take on Google’s open wi-fi sniffing debacle.

In Rehberg v. Hodges, we are asking the 11th Circuit to fix an earlier opinion wrongly suggesting that the contents of stored emails are not protected by the Fourth Amendment.

New Research Suggests That Governments May Fake SSL Certificates | Electronic Frontier Foundation.

EFF represents the Long Haul and East Bay Prisoner Support in this case. A nice win for us, and for attorney Matt Zimmerman who wrote our opposition to the government’s Motion to Dismiss.

Side A: DJs Win Laptops Back | Electronic Frontier Foundation.

Read my legal analysis on EFF’s website — New York Court Scores Over Oregon In Recent Email Privacy Opinions.

Pay As You Drive “Black Boxes” Threaten Driver Privacy | Electronic Frontier Foundation.

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