Privacy Law

Supreme Court rules police generally need a warrant to get cellphone location data

The U.S. Supreme Court ruled in a 5-4 decision Friday that that police generally need to get a warrant supported by probable cause before obtaining cellphone location data.

Jun 22, 2018 9:36 AM CDT

Stormy Daniels’ former lawyer claims Avenatti defamed him, Cohen violated his privacy rights

Stormy Daniels’ former lawyer, Keith Davidson, has responded to her lawsuit alleging collusion with Michael Cohen with a counterclaim against the porn star and a crossclaim against President Donald Trump’s personal lawyer. Davidson removed the suit to federal court on Thursday, and filed a counterclaim alleging defamation by Daniels and…

Jun 8, 2018 12:00 PM CDT

4 women challenge Idaho’s ‘pregnancy exclusion’ for living wills

Four women have challenged the constitutionality of an Idaho law that nullifies an adult woman’s living will if she is pregnant. The federal lawsuit asserts that Idaho’s law on living wills and advance health care directives unconstitutionally discriminates against pregnant women, preventing them from deciding on their own end-of-life medical…

Jun 5, 2018 2:44 PM CDT

New suit is filed against dancing cosmetic surgeon, this time for alleged privacy violation

An Atlanta-area dermatologist who posted videos of herself singing and dancing during cosmetic surgery has settled four malpractice suits, including one by a woman who suffered permanent brain damage following surgery. Susan Witt, a lawyer representing the the injured woman and two other former patients, told CNN that she has…

Jun 5, 2018 1:55 PM CDT

Motorcycle on driveway can’t be searched without a warrant, Supreme Court rules

The automobile exception to the Fourth Amendment’s warrant requirement does not allow a warrantless search of a motorcycle parked in a driveway, the U.S. Supreme Court ruled on Tuesday.

May 30, 2018 9:07 AM CDT

FBI overestimated the number of encrypted phones while arguing for workarounds

The FBI has admitted that it overestimated—by potentially 550 percent, sources say—the number of cellphones investigators cannot access due to encryption.

May 24, 2018 7:00 AM CDT

‘Westworld’ story lines connect with real-world legal issues

A fictional theme park with a wild west theme is the setting for the HBO series Westworld, where guests pay to live out their fantasies. Those familiar with the darker side of the human condition won’t be surprised to learn that these fantasies often entail patrons killing as many of the amusement park hosts as they please.

May 21, 2018 7:10 AM CDT

Senator asks pointed questions about telecom company’s sale of cellphone location data

A private telecommunications company is selling cellphone user location data to law enforcement agencies, and a Democratic senator has some questions about its compliance with the Fourth Amendment.

May 15, 2018 4:11 PM CDT

Prosecutor drops privacy invasion charge against Missouri governor after jury selection begins

Missouri Gov. Eric Greitens no longer faces a felony charge of privacy invasion for allegedly taking a nude photo of his onetime mistress without her knowledge.

May 15, 2018 10:28 AM CDT

DC Circuit orders US to submit information about any attorney-client eavesdropping at Guantanamo

A federal appeals court has ordered the U.S. government to submit classified information about possible attorney-client eavesdropping at Guantanamo Bay. The appeals court acted in a case filed by two lawyers who resigned from representing the accused mastermind of the 2000 bombing of the USS Cole after finding a microphone…

May 14, 2018 3:43 PM CDT

Unauthorized rental-car driver generally has privacy rights in police search, Supreme Court rules

A driver of a rental car who isn’t listed on the rental agreement generally retains a reasonable expectation of privacy under the Fourth Amendment when police seek to search the car, the U.S. Supreme Court has ruled. Justice Anthony M. Kennedy wrote the unanimous opinion in the case of Terrence…

May 14, 2018 1:24 PM CDT

Forensic search of cellphone seized at border requires some form of suspicion, 4th Circuit says

Some form of individualized suspicion is needed before the government can use forensic software to search a cellphone seized at the border, a federal appeals court said Wednesday. The decision by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals was considered a victory by privacy advocates, though the Turkish…

May 10, 2018 4:20 PM CDT

Judge who sued neighbor over urinating cat got case records sealed; law prof seeks access

A judge in Washington state who sought a restraining order against his neighbor’s urinating cat was able to get court records sealed in the case.

May 3, 2018 11:44 AM CDT

Supreme Court to consider cy pres awards that give no money to class-action plaintiffs

The U.S. Supreme Court on Monday agreed to decide whether a class-action settlement in a suit against Google met requirements of federal law when $5.3 million of the $8.5 million settlement fund was given to outside groups and $2.125 million went to attorney fees. The cy pres award was directed…

Apr 30, 2018 11:26 AM CDT

Florida police try to use dead man’s finger to unlock his phone; was a warrant needed?

Police in Largo, Florida, investigating the death of a man shot by one of the department’s officers visited a funeral home last month in an effort to unlock his phone. Police held the dead man’s finger to the phone, but were unable to unlock it, the Tampa Bay Times reports.…

Apr 23, 2018 11:46 AM CDT