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.
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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
Mayor Anthony R. Silva was on his way back from a mayor's conference in China when the DHS border guards confiscated his laptop and phones and detained him, telling him he would not be allowed to leave until he gave them his passwords. He has still not had his devices returned. Read the rest
Google's latest transparency report reveals that the company has refused to turn over stored email to law enforcement unless a warrant is presented. The ancient Electronic Communications Privacy Act assumes that any file stored on a server for more than six months is abandoned and can be requested without a warrant, and Congress has refused to modernize this law for the age of Gmail and cloud storage (law enforcement agencies love the fact that most of your life can be fetched without having to show cause to a judge).
Google has refused to comply with warrantless requests for its users' stored cloud data, and instead demands that law enforcement officers get a warrant.
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Google demands probable-cause, court-issued warrants to divulge the contents of Gmail and other cloud-stored documents to authorities in the United States — a startling revelation Wednesday that runs counter to federal law that does not always demand warrants.
The development surfaced as Google publicly announced that more than two-thirds of the user data Google forwards to government agencies across the United States is handed over without a probable-cause warrant.
A Google spokesman told Wired that the media giant demands that government agencies — from the locals to the feds — get a probable-cause warrant for content on its e-mail, Google Drive cloud storage and other platforms — despite the Electronic Communications Privacy Act allowing the government to access such customer data without a warrant if it’s stored on Google’s servers for more than 180 days.
“Google requires an ECPA search warrant for contents of Gmail and other services based on the Fourth Amendment to the Constitution, which prevents unreasonable search and seizure,” Chris Gaither, a Google spokesman, said.