DC Circuit Denies EPIC’s Petition, Will Not Mandate Privacy Rules for Drones

The D.C. Circuit ruled today in EPIC v. FAA that EPIC lacked standing to compel the FAA to establish privacy rules for commercial drones. In 2012 EPIC, backed by more than one hundred organizations and privacy experts, petitioned the agency to establish privacy safeguards for…

The Supreme Court Says Your Expectation of Privacy Probably Shouldn’t Depend on Fine Print

The Supreme Court unanimously ruled yesterday in Byrd v. United States that the driver of a rental car could have a reasonable expectation of privacy in the car even though the rental agreement did not authorize him to drive it. We’re pleased that that the…

French Dark Web Drug Defendant Losses Evidence over Border Inspection

A judge in the Florida federal court has ruled to suppress and hold cyber and electronic evidence in court linked to a criminal case against a French national Vallerius. The suspect is accused of presiding over several dark web illegal drug marketplaces. He reportedly gained…

Supreme Court: Fourth Amendment for Lawful Driver of Vehicle Regardless of Rental Agreement

The U.S. Supreme Court ruled today that a driver in lawful possession of a rental car has a reasonable expectation of privacy regardless of a rental car agreement. The Court held in Byrd v. United States that, “the mere fact that a driver in lawful…

Supreme Court: Government’s Reading of Wiretap Act ‘Makes Little Sense’

The Supreme Court has ruled in Dahda v. United States, a case about the federal Wiretap Act and the suppression of evidence obtained under an overly broad wiretap order. A lower court permitted the evidence, relying on a novel interpretation of the Act. EPIC filed…

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…

New York Judge Makes the Wrong Call on Stingray Secrecy

A New York judge has ruled that the public and the judiciary shouldn’t second-guess the police when it comes to secret snooping on the public with intrusive surveillance technologies. He couldn’t be more wrong.  A core part of EFF’s mission is questioning the decisions of…

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…

Appeals Court Revives Data Breach Suit Against Zappos

A federal appeals court has ruled that consumers affected by a Zappos.com data breach have the right to sue the online retailer. The 2012 breach exposed the personal data of more than 24 million Zappos customers. A lower court previously held that the consumers lacked…

Second Circuit Gouges TVEyes With Terrible Fair Use Ruling

In a decision that threatens legitimate fair uses, the Second Circuit ruled against part of the service offered by TVEyes, which creates a text-searchable database of broadcast content from thousands of television and radio stations in the United States and worldwide. The service is invaluable…