The Supreme Court has ruled in the closely watched Carpenter v. United States case, which questioned the constitutionality of warrantless location surveillance, a widespread practice among US law enforcement and surveillance agencies. Read the rest

Back in 2014, the Supreme Court ruled in Riley v California, holding that border guards do not have unlimited authority to search our personal electronic devices when we cross the border, requiring individualized criminal suspicion before a search can take place. Read the rest

One effect of the Snowden leaks is that the NSA now makes an annual disclosure of the extent of its domestic surveillance operations; that's how we know that the NSA collected 534 million phone call and text message records (time, date, location, from, to -- but not the content), which more than triples its surveillance takings in 2016. Read the rest

In 1968, the Supremes ruled in Terry v. Ohio that the police did not need "probable cause" to stop a person, it was sufficient that they have "reasonable suspicion." Read the rest

For years, racist authoritarians in New York City defended the stop-and-frisk program in which primarily black and brown people were repeatedly stopped without any particularized suspicion and forced to turn out their pockets, empty their bags, even strip naked in public on frozen-street corners. Read the rest

You could write books about the evils of "broken windows" policing and its handmaiden, stop-and-frisk searches (this is a rather good one, in fact), and few places have been more prolific in the racist pursuit of this policy than New York City, where walking-while-brown is a one-way ticket to being stopped, searched, even stripped, all without a warrant or any particularized suspicion. Read the rest

Dreamhost is the hosting provider for disruptj20.org, a website where 1.3 million people discussed plans for protesting Donald Trump's inauguration; in August, Trump's DoJ got a warrant demanding all the communications, IP addresses and other details on all 1.3 million people who used the site. Read the rest

The Electronic Frontier Foundation and American Civil Liberties just filed a lawsuit against the Department of Homeland Security on behalf of 11 travellers whose devices were searched at the US border; they assert that warrantless device searches violate the constitutional restriction on searches without probable cause. Read the rest

Sen. John Cornyn [R-TX, @JohnCornyn, +1 202-224-2934] introduced the Building America's Trust Act as a "long-term border security and interior enforcement strategy" but refused to release the bill's text, which has now leaked. Read the rest

A majority of the Rhode Island school districts with "1-1" programs where each student is issued a laptop have a blanket policy of spying on the students and everything they do on their laptops, during, before and after school hours, on or off school premises, without any evidence (or even suspicion ) of wrongdoing. Read the rest

Under the Protecting Data at the Border Act, devices "belonging to or in the possession of a United States person" (a citizen or Green Card holder) could no longer be searched at the border without a warrant. Agents would no longer be able to deny US persons entry or exit on the basis of a refusal to allow such a search (but they could seize the equipment). Read the rest

There's been precious little litgation about the Customs and Border Protection Agency's far-reaching policy of invasively searching devices at the US border, so it's a legal greyzone (but you do have some rights). Read the rest

The Electronic Frontier Foundation has just updated its 2011 guide to Digital Privacy at the U.S. Border with an all new edition that covers the law, administrative rules, technological options and potential repercussions of crossing the US border while not undergoing the warrantless seizure and indefinite retention of all of your sensitive data -- in a guide that breaks out the different risks for US citizens, US permanent residents, and visitors to the USA. Read the rest

M. David Weisman, a magistrate judge in Illinois's Eastern Division, denied a federal warrant application that would have allowed law enforcement officers to force suspects to unlock their mobile devices with a fingerprint, ruling that the suspects' Fourth Amendment (undue search and seizure) and Fifth Amendment (self-incrimination) rights protected them from being forced to unlock their devices. Read the rest

The Electronic Frontier Foundation's Digital Security Tips for Protesters builds on its indispensable Surveillance Self Defense guide for protesters with legal and technical suggestions to protect your rights, your data, and your identity when protesting. Read the rest

Stingrays -- the trade name for an "IMSI catcher," a fake cellphone tower that tricks cellphones into emitting their unique ID numbers and sometimes harvests SMSes, calls, and other data -- are the most controversial and secretive law-enforcement tools in modern American policing. Harris, the company that manufactures the devices, swears police departments to silence about their use, a situation that's led to cops lying to judges and even a federal raid on a Florida police department to steal stingray records before they could be introduced in open court. Read the rest

New Jersey public transit was forced to remove the bugs it had installed on its light rail system after a public outcry, but Baltimore's buses and subways remain resolutely under audio surveillance, while in Oakland, the cops hid mics around bus-shelters near the courthouses to capture audio of defendants and their lawyers discussing their cases. Read the rest