EFF tells Patent Office not to seek loopholes in Supreme Court patent rules

Since the Supreme Court’s 2014 Alice v. CLS Bank decision, courts have invalidated hundreds of patents that should never have been issued. Unfortunately, the Patent Office may restrict the impact of that ruling on patent applications under examination. The Patent Office has issued a request…

EFF To Maine, Massachusetts Courts: Rule Requiring Warrants to Access Cell Phone Location Data Applies to Real-Time Searches

Cases Among First Since Landmark Supreme Court Decision in Carpenter Portland, Maine—The Electronic Frontier Foundation (EFF) and the ACLU are urging the state’s highest courts in Massachusetts and Maine to rule that law enforcement agents need a warrant to access real-time location information from cell…

Congressional Research Service: Kavanaugh has a “more restrictive view” of the Fourth Amendment

The Congressional Research Service, has published a report regarding Supreme Court nominee Judge Kavanaugh’s jurisprudence. The nonpartisan CRS provides policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. The CRS report discusses Judge Kavanaugh’s potential impact…

Kavanaugh White House Counsel: PATRIOT Act, “measured, careful, responsible, and constitutional approach”

On Thursday, the Senate Judiciary Committee released the first production of records for Supreme Court nominee Brett M. Kavanaugh’s from his time as associate counsel for George W. Bush. Roughly 5,700 pages of documents were made available to the public. The documents show that Kavanaugh…

Open Government Groups Call for Full Access to Kavanaugh Records

A coalition of nonpartisan open government groups has called for the disclosure of Supreme Court nominee Brett Kavanaugh’s White House records. In a letter to the Senate Judiciary Committee, the coalition asserted that “curtailed document requests will hinder the Senate’s ability to fully assess Judge…

Privacy Concerns Raised with Kavanaugh Nomination to Supreme Court

President Trump’s nomination of Judge Brett M. Kavanaugh to the Supreme Court has raised concerns about the future of privacy and Constitutional protections against government surveillance. As a judge on the D.C. Circuit Court of Appeals, Kavanaugh upheld the warrantless, widespread, and suspicionless collection of…

EPIC Urges Illinois Supreme Court to Recognize Strict Limits of Collecting Biometric Data Under Statute

EPIC has filed an amicus brief with the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp, about the collection of a child’s biometric data in violation of the Illinois Biometric Information Privacy Act. EPIC explained that the Illinois biometric law “imposes clear responsibilities…

Victory for Privacy: Supreme Court Says Cell Phone Location Records Protected Under Fourth Amendment

In a landmark ruling, the U.S. Supreme Court held that the Fourth Amendment protects location records generated by mobile phones. The government in Carpenter v. United States had obtained more than 6 months of location records without a warrant. EPIC filed a “friend-of-the-court” brief in…

Victory! Supreme Court Says Fourth Amendment Applies to Cell Phone Tracking

The Supreme Court handed down a landmark opinion today in Carpenter v. United States, ruling 5-4 that the Fourth Amendment protects cell phone location information. In an opinion by Chief Justice Roberts, the Court recognized that location information, collected by cell providers like Sprint, AT&T,…