Court: California Donor Disclosure Requirement Doesn’t Violate First Amendment

A federal appeals court has ruled that a California law requiring nonprofit organizations to provide the state with an annual list of donors and donations does not violate the First Amendment. The Ninth Circuit concluded that the law does not significantly burden the free speech…

Appeals Court Asks the Right Questions in NSA Surveillance Case

On Monday, the Second Circuit Court of Appeals in New York held argument in United States v. Hasbajrami, an important case involving surveillance under Section 702 of the FISA Amendments Act. It is only the second time a federal appeals court has been asked to…

Appeals Court Finds Smart Meters Trigger Constitutional Scrutiny, But Data Logging is Reasonable

A federal appeals court has ruled that smart meters perform a “search” under the Fourth Amendment but found that their collection of household energy data is “reasonable.” Smart meters periodically transmit information to public utilities about home energy consumption, which can reveal personal behavior patterns…

EFF Files Amicus Brief in Seventh Circuit Supporting Warrant for Border Searches of Electronic Devices

EFF, joined by ACLU, filed an amicus brief in the U.S. Court of Appeals for the Seventh Circuit arguing that border agents need a probable cause warrant before searching personal electronic devices like cell phones and laptops. We filed our brief in a criminal case…

EPIC Urges Appeals Court to Protect Consumers Against Invasive Cookie Tracking Practices

EPIC has filed an amicus brief with the Ninth Circuit Court of Appeals in In re: Facebook, Inc. Internet Tracking Litigation. At issue is whether Facebook violated the privacy rights of users by tracking their web browsing even after they logged out of the platform….

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….