ACLU, EFF File Lawsuit Over Warrantless Phone Searches
The American Civil Liberties Union and the Electronic Frontier Foundation have sued the Department of Homeland Security for searching American citizens' smartphones at the border without a warrant. Specifically, the groups say the Customs and Border Protection and Immigration and Customs Enforcement agencies have delayed citizens' entry into the country lest they give up smartphone passwords. In some cases, Customs held onto the devices for weeks and months at a time. The ACLU and EFF, which have filed lawsuits on behalf of a dozen impacted Americans, say the searches violate the Fourth Amendment. "People now store their whole lives, including extremely sensitive personal and business matters, on their phones, tablets and laptops and it's reasonable for them to carry these with them when they travel," said foundation attorney Sophia Cope. "It's high time that the courts require the government to stop treating the border as a place where they can end-run the Constitution." The Department of Homeland Security contends it has a right to inspect all goods entering the country. Many U.S. courts have sided with the Fourth Amendment on this issue, requiring law enforcement to obtain a warrant before searching the contents of mobile devices. The ACLU and EFF filed their case in the U.S. District Court for the District of Massachusetts.
Law Enforcement Could Use CLOUD Act to Skirt 4th Amendment
Mar 15, 2018
The CLOUD Act would give law enforcement both at home and abroad new access to Americans' personal data in violation of the Fourth Amendment, according to the Electronic Frontier Foundation. The CLOUD Act (H.R.
ACLU Sues TSA Over Domestic Electronics Searches
Mar 13, 2018
The American Civil Liberties Union wants to know more about the Transportation Security Administration's policies concerning searches of electronic devices on domestic flights. As such, the ACLU has file a Freedom of Information Act lawsuit against the TSA seeking the agency's records.
Supreme Court Weighing Warrants for Cell Phone Location
Nov 29, 2017
The Supreme Court today heard a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. Government agencies do not currently need a warrant when requesting location and other data held by phone companies thanks to a 1979 court case.
Supreme Court to Weigh Accessibility of Cell Location Data
Jun 5, 2017
The Supreme Court today said it will hear a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. As it stands today, the government does not need to get a warrant when seeking location and other information held by phone companies.
Apple, Google, Others Weigh In On Supreme Court Data Case
Aug 15, 2017
Apple and a handful of technology companies are asking the Supreme Court to carefully consider the potential adverse outcomes if law enforcement is given warrantless access to personal information, such as location data. The companies filed a brief with the Supreme Court, which will soon hear a case about how law enforcement gleaned a suspect's location by taking the data from a third party without a warrant.