Law Enforcement Could Use CLOUD Act to Skirt 4th Amendment
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. 4943 and S. 2383) lets U.S. law enforcement access data stored anywhere in the world regardless of the privacy laws where that data is located. Moreover, it gives the president the power to enter into agreements with any nation that would let foreign law enforcement officials take data from U.S. companies — all without showing probable cause or requiring a warrant. The Act stipulates that foreign police could only grab data from U.S. companies when the target is not a U.S. citizen, but there's a big back door. According to the EFF, data scooped up on foreign targets in the U.S. would surely include metadata generated by and pertaining to Americans. Metadata might include call times/locations, emails, messages, voicemails, and more. Further, foreign law enforcement agencies could then share any data collected about U.S. citizens with U.S. law enforcement, again, with no warrant needed. The language that covers the circumstances under which data could be shared between agencies and across boarders is vague at best. "The backdoor proposed in the CLOUD Act violates our Fourth Amendment right to privacy by granting unconstitutional access to our private lives online," claims EFF. The Cloud Act is currently working its way through the House and the Senate. It's not clear if or when there might be a vote.
Sep 13, 2017
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.
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.
Jun 17, 2019
An Israeli company that supplies law enforcement agencies worldwide announced that the newest version of its tool to access locked phones can access almost any smartphone, including Apple devices running iOS 7-12.3 and most Android phones. The company, Cellebrite, promises that its new UFED Premium device offers nearly complete access to Apple devices and "flagship Samsung devices", as well as support for accessing the file system on "popular device models from Motorola, Huawei, LG and Xiaomi."
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.
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.