Data Brokers Part 2: State Courts Push Back (When Legislatures Won’t) The Warrantless Surveillance Pipeline Still Exists—But States Are Finding Other Ways to Fight It — In Part 1, we documented how the federal government buys what the Fourth Amendment forbids them from seizing: location data, driving patterns, and intimate behavioral profiles—purchased from data brokers…
Tag: Fourth-Amendment
States Regulate While the Supreme Court Waits: Privacy Federalism in the Digital Age
This is Part 5 of the Digital Dragnets series: Silent Witnesses: When Your Devices Testify Against You. A 5-part investigation into how digital surveillance technology outruns constitutional doctrine, and how courts, corporations, and legislatures are responding to the Fourth Amendment challenges of location data surveillance.** — TL;DR The federal government has failed to provide clear…
Saving Convictions by Undermining the Constitution: The Good Faith Exception and Digital Dragnet Evidence
This is Part 4 of the Digital Dragnets series: Silent Witnesses: When Your Devices Testify Against You. A 5-part investigation into how digital surveillance technology outruns constitutional doctrine, and how courts, corporations, and legislatures are responding to the Fourth Amendment challenges of location data surveillance. — TL;DR The Fourth Amendment exclusionary rule prohibits courts from…
Your Life for Sale
Your Life for Sale: How Police Buy Your Digital Trail While Courts Look the Other Way — The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” But in a world where your smartphone broadcasts your location to dozens of apps…
Searching the Search Bar: State Court Rulings on Reverse Keyword Warrants
This is Part 3 of the Digital Dragnets series: Silent Witnesses: When Your Devices Testify Against You. A 4-part investigation into how digital surveillance technology outruns constitutional doctrine, and how courts, corporations, and legislatures are responding to the Fourth Amendment challenges of location data surveillance. — TL;DR While federal appeals courts are locked in a…
Your Car Is Testifying Against You: Automotive Surveillance and the Fourth Amendment
This is Part 2 of the Digital Dragnets series: Silent Witnesses: When Your Devices Testify Against You. A 4-part investigation into how digital surveillance technology outruns constitutional doctrine, and how courts, corporations, and legislatures are responding to the Fourth Amendment challenges of location data surveillance. — TL;DR Your car knows everywhere you’ve been—and it’s telling…
The Muted Case That Hears the Loudest: Why Geofence Warrants Matter Even After Google Shut Them Down
This is Part 1 of the Digital Dragnets series: Silent Witnesses: When Your Devices Testify Against You. A 4-part investigation into how digital surveillance technology outruns constitutional doctrine, and how courts, corporations, and legislatures are responding to the Fourth Amendment challenges of location data surveillance. — TL;DR Google’s 2023 decision to end geofence warrant compliance…