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Category Archives: Courts

Obama Renews NSA Bulk Record Collection Program – EPIC

EPIC – “Today the Attorney General and the Director of National Intelligence announced that the President will seek a renewal of the court order authorizing the NSA’s bulk collection of American telephone records through September 12, 2014. The President has chosen to renew this order despite his promise in March 2014 to end the bulk collection program and theContinue Reading

WSJ – Canadians Have a Right to Online Anonymity, Nation’s Top Court Rules

Jacob Gershman – “A month after the Europe Union’ top court endorsed the right to be forgotten online, another landmark Internet privacy ruling has come down — this time from the highest court in Canada. The Supreme Court of Canada on Friday said Internet users there have a reasonable expectation of anonymity, ruling that telecommunications companies may not handContinue Reading

New code exposes hidden changes to Supreme Court opinions

Jeff John Roberts via Gigaom: “David Zvenyach is general counsel to the Council of the District of Columbia and, in his spare time, likes to experiment with computer code. Upon learning of Adam Liptak’s [New York Times article addressing changes to Supreme court opinions, which was based on a study by Harvard law professor Richard Lazurus, he decided toContinue Reading

The Fourth Amendment Third-Party Doctrine – CRS

The Fourth Amendment Third-Party Doctrine, Richard M. Thompson II, Legislative Attorney. June 5, 2014. “In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacyContinue Reading

Another Fair Use Victory for Book Scanning in HathiTrust

EFF – “Fair use enjoyed a major victory in court today. In Authors Guild v. HathiTrust, the Second Circuit Court of Appeals handed down a decision that strongly underscores a fair use justification for a major book scanning program. For those counting along at home, today’s decision marks another in a serious streak of judicial findings of fair useContinue Reading

Location Tracking, Mosaic Theory, and Machine Learning

Enough is Enough - Location Tracking, Mosaic Theory, and Machine Learning - Steven M. Bellovin, Renée M. Hutchins, Tony Jebara, Sebastian Zimmeck. New York University Journal of Law & Liberty, vol 8:555, 2014. “Since 1967, when it decided Katz v. United States, the Supreme Court has tied the right to be free of unwanted government scrutiny to the concept of reasonableContinue Reading

Senate Holds Hearing on Consumer Location Privacy Protection

EPIC – “The Senate recently held a hearing on the Location Privacy Protection Act of 2014 authored by Senator Franken. In an opening statement, Senator Franken said his “bill makes sure that if a company wants to get your location…they need to get your permission first.” FTC Director, Jessica Rich, testified that location data is “sensitive information” that “raises privacy concerns.” TheContinue Reading

EPIC v. NSA: EPIC Obtains Presidential Directive for Cybersecurity

EPIC –  After almost five years, EPIC has obtained National Security Presidential Directive 54. The previously classified Presidential Directive contains the full text of the Comprehensive National Cybersecurity Initiative and “establishes United States policy, strategy, guidelines, and implementation actions to secure cyberspace.” This Directive, which is the foundational legal document for all cybersecurity policies in theContinue Reading

Judge Releases Information about Police Use of Stingray Cell Phone Trackers – ACLU

“A Florida judge has sided with the ACLU to order release of information about police use of “stingrays,” which are invasive surveillance devices that send out powerful signals to trick cell phones into transmitting their locations and identifying information. The Tallahassee judge’s pro-transparency decision stands in contrast to extreme secrecy surrounding stingray records in anotherContinue Reading

The Texas Tribune and Oyez® to launch multimedia site for Texas high courts

IIT Chicago Kent College of Law – “Texas will soon benefit from an online archive for its two highest courts, launched through a partnership between The Texas Tribune and Oyez®, a free law project at IIT Chicago-Kent College of Law, with support from the John S. and James L. Knight Foundation. Amidst a scarcity of news coverage aboutContinue Reading

Cooperation with government by key leader of hacking group results in lesser sentence

Kim Zetter, Wired - As a reward for his extensive cooperation helping prosecutors hunt down his fellow hackers, the government is seeking time served for the long-awaited sentencing of top LulzSec leader Hector Xavier Monsegur, also known as “Sabu.” After delaying his sentencing for nearly three years, the government has asked a federal court to sentence MonsegurContinue Reading

New Paper – The (Non) Finality of Supreme Court Opinions

Adam Liptak, New York Times: “The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The revisions include “truly substantive changes in factual statements and legal reasoning,” said Richard J. Lazarus, a law professor at Harvard and the author of a new study examining the phenomenon. The courtContinue Reading