Tcf362fT131417 LEGAL CASES T969389~/wiki

T969389Court Decisions & Statutes

Landmark rulings on government surveillance technology.

United States v. Wilson (2021)

T969389US | Hash Matching / Private Search

Tcf362fSuppression granted; warrantless police viewing of email attachments flagged only by Google's automated hash-matching exceeded the private-search exception.

T969389Google's automated CSAM hash system flagged Wilson's attachments and

T969389forwarded them to NCMEC; an officer opened them without a warrant,

T969389though no...

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Wikimedia Foundation v. NSA (2021)

T969389US | Section 702 / Upstream

Tcf362fSuit dismissed on state-secrets grounds despite a fact issue on standing; cert denied.

T969389The Fourth Circuit held Wikimedia had raised a genuine issue on

T969389standing to challenge NSA 'Upstream' internet surveillance, but that

T969389the...

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Jewel v. NSA (2021)

T969389US | Metadata / Mass Surveillance

Tcf362fSummary judgment for the government affirmed; plaintiffs lacked standing to challenge NSA dragnet collection.

T969389EFF's long-running challenge to NSA upstream/telephone-records

T969389collection ended when the Ninth Circuit affirmed dismissal for lack of

T969389standing and on...

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Commonwealth v. McCarthy (2020)

T969389MA | ALPR

Tcf362fDefendant lost on facts; framework favorable. Limited ALPR use here was not a search, but pervasive ALPR networks can be.

T969389Police used fixed ALPRs on two bridges to track a suspect. The SJC

T969389upheld this limited use but warned that 'with enough cameras in enough

T969389locations,'...

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Commonwealth v. Mora (2020)

T969389MA | Pole Camera / Persistent Surveillance

Tcf362fDefendants won. Long-term (62 and 169 day) pole-camera surveillance of homes is a search requiring a warrant.

T969389Police warrantlessly ran pole cameras on homes for months. The SJC

T969389held under the state constitution that continuous, targeted, long-term

T969389video...

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United States v. Moalin (2020)

T969389US | Metadata (Bulk Telephony / NSA)

Tcf362fConvictions upheld; program condemned. NSA bulk metadata collection violated FISA and may have violated the Fourth Amendment.

T969389The first criminal defendants to challenge NSA bulk telephony

T969389collection after Snowden. The Ninth Circuit held the program violated

T969389FISA and possibly...

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Rosenbach v. Six Flags Entertainment Corp. (2019)

T969389IL | Biometric Privacy (BIPA)

Tcf362fPlaintiff won. No actual injury required to sue under BIPA.

T969389An amusement park fingerprinted a minor for a season pass without the

T969389notice/consent BIPA requires. The Illinois Supreme Court unanimously

T969389held that...

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Commonwealth v. Almonor (2019)

T969389MA | CSLI (Real-Time)

Tcf362fSuppression denied on exigency, but rule favorable. Pinging a phone for real-time location is a search.

T969389Police caused a suspect's phone to transmit its real-time GPS

T969389coordinates ('pinging'). Massachusetts's SJC held that forcing a phone

T969389to reveal its...

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United States v. Hasbajrami (2019)

T969389US | Section 702

Tcf362fIncidental Section 702 collection upheld, but remanded to decide whether warrantless querying ('backdoor searches') of a US person's data violates the Fourth Amendment.

T969389The Second Circuit held incidental collection of a US person's

T969389communications lawful when the target is a foreign national abroad,

T969389but flagged that...

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State v. Muhammad (2019)

T969389WA | CSLI (Real-Time Ping)

Tcf362fReal-time cell-phone 'ping' is a search requiring a warrant absent exigency; conviction affirmed here on other grounds.

T969389The Washington Supreme Court held that a warrantless real-time ping to

T969389locate a suspect's vehicle intruded on private affairs under Article I

T969389sec.7...

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Carpenter v. United States (2018)

T969389Federal | Cell-site location

Tcf362fLandmark - warrant required

T969389Supreme Court held 5-4 that the government needs a warrant for

T969389historical cell-site location information. FBI obtained 12,898

T969389location data points...

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Georgia ALPR Statute (2018)

T969389GA | ALPR

Tcf362fStatute - mixed protections

T969389Governs ALPR in Georgia. 30-month retention (among longest

T969389nationally). Plate scan data exempt from Open Records Act. But

T969389contracts, policies, audit...

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Naperville Smart Meter Awareness v. City of Naperville (2018)

T969389US | Smart Meters / Utility Data

Tcf362fCity won, but data collection held to be a search. Reasonable without a warrant given non-prosecutorial purpose.

T969389The Seventh Circuit held that fine-grained (15-minute) smart-meter

T969389energy data is a Fourth Amendment search because it can reveal

T969389intimate details of...

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State v. Andrews (2016)

T969389MD | Stingray / Cell-Site Simulator

Tcf362fDefendant won. Warrantless Stingray use violated the Fourth Amendment; evidence suppressed.

T969389Baltimore police used a 'Hailstorm' cell-site simulator to locate a

T969389suspect without disclosing the device to the court that issued the

T969389pen-register...

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United States v. Graham (2016)

T969389US | CSLI / Third-Party

Tcf362fEn banc court (12-3) held no warrant needed for historical CSLI under the third-party doctrine - later abrogated by Carpenter.

T969389The Fourth Circuit en banc held that obtaining 221 days of historical

T969389CSLI was not a search because the data was voluntarily conveyed to the

T969389carrier...

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