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Category Archives: Courts

NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges – EPIC

“Documents Obtained by EPIC Lawsuit Show NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges While Congressional Oversight Lagged for Year: In a FOIA lawsuit against the Department of Justice, EPIC has obtained many documents about the NSA’s Internet Metadata program. These include the Government’s original FISA application seeking authorization to collect data from millions of e-mails, as wellContinue Reading

Deconstructing and Reconstructing Rights for Immigrant Children

Corcoran, Erin B., Deconstructing and Reconstructing Rights for Immigrant Children (August 8, 2014). Available at SSRN: http://ssrn.com/abstract=2477955 “Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition thatContinue Reading

Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance

Sylvain, Olivier, Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance (July 28, 2014). 49 Wake Forest Law Review 485. Available for download at SSRN: http://ssrn.com/abstract=2473101 “Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whetherContinue Reading

Consumer Privacy Organizations Oppose Farcical Class Action Settlement

“EPIC, along with a group of consumer privacy organizations, has asked the Federal Trade Commission to object to an unfair class action settlement in California federal court. In 2010, Google was sued for sharing user web browsing information with advertisers. Under the proposed settlement agreement, Google will distribute several million dollars to a handful of organizations, many ofContinue Reading

Rise Seen in Asylum Denial Rates

Transactional Records Access Clearinghouse: “The odds of an asylum claim being denied in Immigration Court has risen to 50.2 percent during the first nine months of 2014. While this is the highest denial rate since FY 2009, it is still much lower than ten years ago when nearly two out of three (62.6%) of thoseContinue Reading

EPIC Sues FBI for Missing Privacy Reports

“EPIC has filed a Freedom of Information Act lawsuit to obtain details about the Federal Bureau of Investigation’s surveillance programs. The agency is required to conduct privacy impact assessments when it collects and uses personal data. However, the Bureau has failed to publicly release privacy impact assessments for many of its programs, including facial recognition, drones, and license plateContinue Reading

Reliability Assessment of Current Methods in Bloodstain Pattern Analysis

Reliability Assessment of Current Methods in Bloodstain Pattern Analysis. Terry Laber, Paul Kish, Michael Taylor, Glynn Owens, Nikola Osborne, James Curran. June 2014. The author(s) shown used Federal funds provided by the U.S. Department of Justice in preparing this final report. Final Report for the National Institute of Justice Award # 2010-DN-BX-K213. “To date there have been relativelyContinue Reading

A National Consensus: Cell Phone Location Records Are Private – EFF

“The Fourth Amendment protects us from “unreasonable” government searches of our persons, houses, papers and effects. How courts should determine what is and isn’t reasonable in our increasingly digital world is the subject of a new amicus brief we filed today in San Francisco federal court.  At issue is historical cell site data—the records of the cell towers a customer’sContinue Reading

Federal and State Wiretaps Up 5% in 2013 According to Annual Report

EPIC: “The Administrative Office of the U.S. Courts has issued the 2013 Wiretap Report, detailing the use of surveillance authorities by law enforcement agencies. This annual report, one of the most comprehensive issued by any agency, provides an insight into the debate over surveillance authorities and the use of privacy-enhancing technologies. In 2013, wiretap applications increasedContinue Reading

Free Exercise of Religion by Closely Held Corporations – CRS

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc. Cynthia Brougher, Legislative Attorney. July 23, 2014 “One of the ongoing controversies related to the Affordable Care Act (ACA) has been the scope of exemption from certain health care coverage requirements, including the contraceptive coverage requirement. Though closely divided, the U.S. Supreme Court’sContinue Reading

26 Questions EU Regulators Want Google to Answer – WSJ

WSJ.com: “European Union privacy watchdogs grilled Google Inc. and other search engines for two hours on Thursday on how they are implementing the bloc’s new “right to be forgotten” online–and then gave them homework to do by next week, too. The main body that joins together the EU’s national data-protection regulators called the Brussels meeting withContinue Reading

New on LLRX – What Does the Hathitrust Decision Mean For Libraries?

Via LLRX.com – What Does the Hathitrust Decision Mean For Libraries? The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts onContinue Reading