Privacy Law

FBI’s use of cell-site data didn’t violate the Fourth Amendment, 6th Circuit says

A federal appeals court has found no Fourth Amendment violation in the government’s use of cell-site records to establish that two suspects used their cell phones close to the locations of armed robberies in the Detroit area. The Cincinnati-based 6th U.S. Circuit Court of Appeals upheld use of the evidence…

Apr 13, 2016 12:08 PM CDT

Two hidden recording devices are discovered at Harvard Law School

Harvard University police are investigating the discovery of two hidden recording devices at the law school. The group Reclaim Harvard Law says it found one device last week in a lounge its members have occupied since February, report the Harvard Crimson, the Boston Herald and the Boston Globe. The device…

Apr 13, 2016 8:03 AM CDT

FBI paid professional hackers to help unlock San Bernardino shooter’s iPhone

The FBI managed to unlock the iPhone of the San Bernardino shooter by paying professional hackers who discovered a security flaw, sources say. The unidentified sources told the Washington Post that the information was used to create hardware to unlock the phone without triggering a feature that erases phone data…

Apr 13, 2016 7:06 AM CDT

Does facial recognition technology incorporate racial bias?

Police departments across the country are using facial recognition software to match images captured by their surveillance cameras with photos of fugitives or mug shot databases. But are police failing to account for the possibility of mismatches and failed matches that could affect blacks more than whites? Police in Chicago,…

Apr 13, 2016 6:15 AM CDT

Judge orders Apple to help FBI unlock another iPhone; will issue reach the Supreme Court?

A federal magistrate judge in Boston has issued an order requiring Apple to help the FBI access a locked iPhone to get potential evidence for a gang case. Unsealed Friday at the request of the American Civil Liberties Union of Massachusetts, documents in the case of alleged Columbia Point Dawgs…

Apr 11, 2016 10:00 AM CDT

Did mom violate wiretap law by recording coach’s locker-room speech? Top Texas court to decide

A Texas mom who secretly recorded a coach’s locker-room comments to students is asking Texas’ top criminal court to rule she didn’t violate the state’s wiretap law. The mom, Wendee Long, had suspected the girls’ basketball coach at Argyle High School north of Fort Worth was verbally abusing students, the…

Apr 7, 2016 9:28 AM CDT

‘Pandora’s box’ ruling by top New York court lets parent record child’s interaction with 3rd party

In New York, only one party needs to consent to permit a private individual to record a conversation. But such a recording is sometimes legal, and hence admissible in evidence, even if no one present during the interaction consents, the state’s top court held on Tuesday in a 4-3 decision.…

Apr 6, 2016 11:10 AM CDT

Cops need warrant before using Stingray devices to track cellphones, Maryland appeals court says

A Maryland appeals court has ruled that police generally need a search warrant to use devices that mimic cellphone towers to track suspects’ cellphones. The Maryland Court of Special Appeals released its decision (PDF) on Wednesday, report USA Today, the Intercept and the Legal Profession Blog. The decision puts at…

Apr 1, 2016 11:08 AM CDT

How much privacy are drivers willing to give up for better car insurance rates?

Drivers who want to lower their car insurance rates may someday have to allow Big Brother to ride shotgun—and that has some legal and privacy experts concerned.

Apr 1, 2016 3:30 AM CDT

Google and Oracle lawyers who research jurors online must disclose it, judge rules

A federal judge has asked lawyers for Google and Oracle to voluntarily agree to a ban on Internet research on potential jurors or to disclose the extent of their online searches during jury selection. U.S. District Judge William Alsup offered that choice to lawyers in an order (PDF) on Friday,…

Mar 29, 2016 7:35 AM CDT

Cop turned bodycam on during ‘hallway deposition’ with defense lawyer, sparking outraged response

Worried about whether his words would be misconstrued, a Miami Beach police officer turned on his body camera one day last month when he saw an assistant Miami-Dade public defender approaching him in a courthouse hallway for an interview—a so-called hallway deposition—regarding an imminent misdemeanor case. But officer Julio Blanco…

Mar 28, 2016 5:00 PM CDT

Justice Department says it may be able to hack San Bernardino shooter’s iPhone without Apple’s help

The Justice Department said in court papers on Monday that it may be able to hack the San Bernardino shooter’s iPhone without assistance from Apple. U.S. Magistrate Judge Sheri Pym of Riverside, California, agreed to the government’s request to cancel a hearing scheduled for Tuesday on the FBI request to…

Mar 22, 2016 7:27 AM CDT

Will $140M verdict for Hulk Hogan in sex-tape case survive appeal?

Updated: Florida jurors who awarded $115 million to Hulk Hogan on Friday in a sex-case suit against Gawker Media added $25 million in punitive damages on Monday. Gawker is planning to appeal the verdict, which includes $55 million for economic injuries and $60 million for emotional distress, report Courthouse News…

Mar 21, 2016 10:26 AM CDT

EFF’s Cindy Cohn calls for lawyer support in fight over mass surveillance

Cindy Cohn was always a compelling choice to give the keynote speech at ABA Techshow. The Electronic Frontier Foundation executive director has been involved in numerous high-profile court cases against the National Security Agency over its mass surveillance data-collection programs. Then the FBI versus Apple controversy happened, giving her keynote…

Mar 18, 2016 4:15 PM CDT

Apple formally objects in San Bernardino iPhone evidence fight

Apple filed a formal objection Tuesday to a federal court order that the company must help the FBI unlock an iPhone, the Wall Street Journal (sub. req.) reports. The U.S. District Court for the Central District of California matter stems from a December 2015 mass shooting in San Bernardino. The…

Mar 2, 2016 3:05 PM CST