Fourth Amendment

Stingray Bites Man. Will the Fourth Amendment Bite Back? (Location Tracking)

By Jennifer Granick • October 20, 2011 at 2:53 pm

On October 28, the Department of Justice will argue to a District Court Judge in Arizona that neither the public nor criminal defendants should learn about a special investigative tool it uses to track individuals’ location via their cellphones. According to the Wall Street Journal, law enforcement and the military are regularly using such devices, called “Stingrays”. In the Arizona case, United States v. Rigmaiden, investigators used the technology to assist them in locating the suspect. That defendant is now asking the court to order the government to turn over information about how stingray functions and how it was used in his arrest so that he can litigate whether use of the device violated his Fourth Amendment rights.

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Great Network in the Sky Giveth, Taketh Away

By Jennifer Granick • September 7, 2011 at 3:38 pm

Isn’t it great that when your car, or phone, or laptop gets lost or stolen, you can use modern technology to find your stuff and get it back? One might think only paranoid Luddites or the thieves themselves would oppose such an innovation. But the joy of a ubiquitous communications/tracking network is tempered by the threat to privacy — and potential liability — for enlisting SkyNet to peer into our cars, purses and bedrooms.

Part One: The Wiretap Act and Find My Computer

Last month, in Clements-Jeffrey v. Springfield , a quirky case involving sex and a stolen laptop, a U.S. District Court judge in Ohio ruled that a laptop-tracking company could be liable for intercepting sexually explicit communications in an effort to identify thieves who stole the computer one plaintiff was using to communicate with the other.

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Can You Track Me Now? Not Without a Warrant!

By Jennifer Granick • August 26, 2011 at 12:17 pm

This week, Eastern District of New York Judge Nicholas Garaufis rejected an FBI effort to use an individual’s cell phone tower records to track his movements over a 113 day period without first obtaining a warrant based on probable cause. Judge Garaufis’ opinion stakes some new ground and draws a line in the sand in the battle over location privacy. The reasoning may have some influence on location tracking and the Fourth Amendment, as the United States Supreme Court considers GPS tracking this term, in United States v. Jones. For more, click here. Read more » about Can You Track Me Now? Not Without a Warrant!

Chief Justice Roberts: the Internet is kind of a big deal

By Dave Sidhu • October 27, 2007 at 9:23 pm

Earlier this week, Chief Justice John Roberts, addressed students at the Brigham Young University. According to a press account of the event:

Emerging technologies can create new questions about old laws. For example, imaging technology exists that allows law enforcement officers to see through walls. "Is that an unlimited search and seizure?" Roberts asked. Read more » about Chief Justice Roberts: the Internet is kind of a big deal

Fourth Amendment

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Fourth Amendment

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