All Posts Tagged Tag: ‘Fourth Amendment’

City, Mayor Sued Over Arrest of Parody Tweeter

The ACLU has taken up the case of a Peoria, Illinois man who is suing the city and its Mayor for violation of his First and Fourth Amendment rights. 29-year-old Jon Daniel is suing Peoria Mayor Jim Ardis (shown above), the city manager, the assistant city manager, the city’s chief information officer, the former chief of police, and two detectives. …

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School Will Pay for Violating Teen’s Rights over Facebook Posts

The ACLU is declaring victory in a lawsuit against the Minnewaska, Minnesota School District–one that could have implications in how schools construct privacy policies around students and their off-campus social media use. The story focuses on Riley Stratton, who the ACLU claimed had her First and Fourth Amendment rights violated on two separate occasions. In 2011, the then sixth-grader took …

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Supreme Court to Rule on Unwarranted Cell Searches

President Obama addressed recent outrage over unwarranted cell phone searches by police in a speech he gave at the Department of Justice on Friday. The President’s statement comes at a time when there has been much public debate over the legality of searches performed by police on a suspect’s cell phone without first obtaining a warrant. Two recent court cases …

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Restore The Fourth Is Your July Fourth Protest Against The NSA

Does the NSA violate the Fourth Amendment with its data collection programs? A secret FISA court doesn’t think so, but plenty of Internet companies and civil rights organizations do. That’s why they’re planning a nationwide protest on the biggest four of the year. A collection of Internet companies – like Reddit, Mozilla and Worpress – alongside a number of civil …

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Police Performing Warrantless Cellphone Searches After Car Crashes? Yep, There’s a Bill for That

Hey guys, meet my new favorite terrible state bill. Narrowly beating out the Internet Posting Removal Act, an Illinois bill that’ll make your head spin, comes a bill to modify New Jersey state law to permit police officers to confiscate and search a driver’s cellphone when they are involved in an accident – simply if they feel the accident may …

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Sen. Rand Paul Introduces Online Privacy Protection Bill

There’s not a lack of online privacy protection bills floating around Congress at the moment, but it can’t hurt to have one more. On Thursday, Sen. Rand Paul introduced the Fourth Amendment Preservation and Protection Act, or S. 1037, to the Senate. Like other bills before it, the proposed legislation aims to require law enforcement to obtain warrants when accessing …

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IRS Tells Congress That It Obtains Warrants Before Searching Emails

Late last week, the ACLU reported that the IRS probably obtained emails without a warrant. The group came to this conclusion after an agency handbook from 2009 said that Internet users “do not have a reasonable expectation of privacy.” Now the agency is firing back saying it does no such thing. The Hill reports that IRS Commissioner Steven Miller was …

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Congressman Wants The IRS To Explain Itself

It was revealed earlier this week that the IRS probably digs through your email without a warrant during its investigations. It’s able to do this thanks to the outdated ECPA which allows government agencies to obtain emails that are more than 180 days old. Now one lawmaker wants the IRS to explain itself. The Hill reports that Rep. Charles Boustany, …

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The IRS Doesn’t Think The Fourth Amendment Applies To Your Email

The IRS runs a number of tax audits each year, and as such, has to obtain information on private citizens. If the information is in a physical format, the agency must obtain a warrant to access it. If it’s stored online via email or other electronic information, there is no such protection. In a Freedom of Information Act request, the …

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Twitter Appeals Occupy Wall Street Tweet Ruling

When a New York judge ruled that Malcolm Harris did not have fourth amendment protections for his tweets because they are not physical property, Twitter had every reason to just give up and let the courts have the tweets. Instead, the company challenged the court ruling, stating that the subpoena of Harris’ tweets violates its terms of service, the Stored …

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Twitter Defends User In Court Over Occupy Tweets

We reported last month on Malcolm Harris, a member of the Occupy Wall Street movement, and his attempt to have a tweet subpoena quashed. The judge in the case denied his motion saying that Tweets are not physical property and can therefore be obtained without a warrant. It was a disappointing ruling, but it made sense. We went on with …

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Nobody Really Knows How Many FBI GPS Trackers Are Out There

Last month the U.S. Supreme Court ruled (in U.S. v. Jones) that the warrantless tracking of U.S. citizens via GPS devices is illegal. Following the decision, the FBI and other law enforcement agencies rushed to turn off approximately 3,000 trackers that were then in use in the field. But while “about” 3,000 trackers were, at least temporarily, turned off (only …

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