Court of Appeals Vacates FTC’s LabMD Order, Finding It Lacked Specifics

The Court of Appeals for the Eleventh Circuit has vacated an administrative order by the Federal Trade Commission, which required the medical testing company LabMD to implement “reasonable” data security measures, finding that the order was not specific enough to be enforceable. The court explained…

Federal Appeals Court Errs a Second Time on Device Privacy at the Border

The U.S. Court of Appeals for the Eleventh Circuit got it wrong—again—ruling last week in U.S. v. Touset that border agents may forensically search, without any suspicion of wrongdoing, travelers’ electronic devices. The Eleventh Circuit ruled in March in U.S. v. Vergara that neither a…

Appeals Court Rules Suspicion Required for Forensic Searches of Phones at Border

The Fourth Circuit Court of Appeals in Richmond, Virginia recently issued a ruling in the case of United States v. Kolsuz. The appeals court ruling in the Kolsuz case created a significant change in how the 4th amendment of the constitution of the United States…

Appeals Court: Border Searches of Cell Phones Require ‘Reasonable Suspicion’

A federal appeals court has ruled that U.S. border officials may not conduct a forensic search of a mobile device without a “reasonable suspicion” that the device contains evidence of a crime. The court’s decision followed Riley v. California, a 2014 Supreme Court case holding…

Fourth Circuit Rules That Suspicionless Forensic Searches of Electronic Devices at the Border Are Unconstitutional

In a victory for privacy rights at the border, the U.S. Court of Appeals for the Fourth Circuit today ruled that forensic searches of electronic devices carried out by border agents without any suspicion that the traveler has committed a crime violate the U.S. Constitution….

D.C. Circuit Won’t Fix Deeply Flawed Ruling in EPIC’s Case Against Presidential Election Commission

The D.C. Circuit Court of Appeals has refused to void an earlier ruling in EPIC’s case to halt the collection of state voter data by the Presidential Election Commission. Although the Commission was disbanded in January, last year’s decision by a three-judge panel of the…

Eleventh Circuit Judge Endorses Warrant for Border Device Searches

A recent federal appeals court decision shows that at least one judge thinks border agents should get a warrant before conducting forensic searches of travelers’ cell phones.  Although the majority of the three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit in…

D.C. Circuit Affirms “Consent” Protection in FCC Robocall Rule

A federal appeals court ruled today in a closely watched case concerning robocalls. The rule under review in ACA International v. FCC concerned the FCC’s regulations for the Telephone Consumer Protection Act. EPIC filed a friend of the court brief in the case in support…

EPIC to File Brief in D.C. Circuit on Right to Information Privacy

EPIC has informed the D.C. Circuit Court of Appeals that it will file an amicus brief in the OPM Data Security Breach case. The case concerns a pair of data breaches in 2015 that affected 22 million federal employees, their friends, and family members. EPIC…

Appellate Court Issues Encouraging Border Search Opinion

The U.S. Court of Appeals for the Fifth Circuit in U.S. v. Molina-Isidoro recently issued an encouraging opinion related to the digital privacy of travelers crossing the U.S. border. EFF filed an amicus brief last year in the case, arguing that the Supreme Court’s decision…