Articles about fourth amendment

US government sued by 11 pissed-off travellers over computer searches

The US Department of Homeland Security is being sued by 11 travellers who had their smartphones and laptops seized and searched at the US border. The lawsuit brought by the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) claims that the searches were unconstitutional. Ten of the 11 …
Kieren McCarthy, 13 Sep 2017
An empty courtroom

Tomorrow, DreamHost will square up to US DoJ to avoid handing over 1.3m IP addresses of anti-Trump site visitors

Efforts by US prosecutors to identify up to 1.3 million people who accessed an anti-Trump protest website is unconstitutional, a court will hear on Friday. Lawyers for DreamHost, which hosts disruptj20.org, will argue at 9.30am in a Washington DC courtroom that the demand for visitor records from the website breaks both the …
Kieren McCarthy, 17 Aug 2017

Hey, FBI. Wanna track someone by cellphone? Get a proper warrant, says US appeals court

A US appeals court says data revealing the whereabouts of you and your phone is protected under the Fourth Amendment – meaning it is protected from unreasonable searches by the cops and Feds. As a result, the police will have to get a warrant to access citizens' cellphone location records, and will have to prove there is " …

That's right: FBI agents can't pretend to be ISP repairmen to search homes without a warrant

Evidence gathered by FBI agents who posed as broadband repairmen to enter a suspect's villa without a warrant has been thrown out by a US judge. The District Court of Nevada has decided [PDF] that the g-men violated the Fourth Amendment rights of poker ace Wei Seng Phua when they searched his Las Vegas bolthole while disguised …
Shaun Nichols, 20 Apr 2015

Do cops need a warrant to search your phone? US Supreme Court will rule

The US Supreme Court on Friday agreed to hear a pair of cases to determine whether police need a warrant to search the mobile phones of people they have arrested. The Fourth Amendment to the US Constitution forbids "unreasonable" search and seizure, but in 1973 the Supreme Court ruled that conducting a full search of an …
Neil McAllister, 17 Jan 2014
North Anna Power Plant

Call yourself a 'hacker', watch your ex-boss seize your PC without warning

A US district court has ruled that self-confessed "hackers" have all the skills needed to swiftly destroy evidence, allowing anyone suing them to seize their equipment without warning. The court in Idaho decided that a software developer’s computer could be confiscated without prior notice primarily because his website stated …
John Leyden, 23 Oct 2013
The Register breaking news

ACLU documents shows free access to emails for IRS tax police

With the US Tax Day less than a week away, the ACLU has released a not-very-comforting Freedom of Information Act request return from the Internal Revenue Service (IRS) showing just how easy it is for the tax agency to read people's online communications without a court-issued warrant. Last year, the ACLU asked the IRS for …
Iain Thomson, 10 Apr 2013
The Register breaking news

Cops refuse to say if they secretly snarf cellphone data

The American Civil Liberties Union has called on Michigan State Police to account for several pieces mobile hardware in its possession that can quickly download cellphone data without the owner's knowledge. “With certain exceptions that do not apply here, a search cannot occur without a warrant in which a judicial officer …
Dan Goodin, 21 Apr 2011
The Register breaking news

WikiLeaks lawyer dubs US subpoena on Twitter 'harassment'

US prosecutor demands that Twitter hand over data about WikiLeaks and a raft of supporters amounts to harassment, a lawyer for the whistle-blower website says. The claim comes amid revelations of documents the US Department of Justice secretly filed in federal court seeking detailed information associated with the accounts of …
Dan Goodin, 10 Jan 2011
The Register breaking news

Email protected by Fourth Amendment, says appeals court

Police must obtain a warrant before accessing emails stored by internet service providers, a federal appeals court has ruled in a landmark decision that also struck down part of a 1986 law that allows warrantless interception of some digital data. The unanimous decision (PDF), from a three-judge panel of the Sixth Circuit Court …
Dan Goodin, 15 Dec 2010
The Register breaking news

Cops need warrant to search phones, say Ohio Supremes

Police officers must obtain a search warrant before snooping through the contents of a suspect's cell phone, Ohio's supreme court ruled on Tuesday. The issue of whether mobile phones fall under US Fourth Amendment rights against unreasonable searches and seizures appears never to have been weighed by any other US state supreme …
Austin Modine, 16 Dec 2009
The Register breaking news

Boston dorm computer raid ruled illegal

A justice from Massachusetts's highest court has ordered police to return a laptop and other gear seized from a Boston student's dorm room after rejecting prosecutors' arguments that hoax emails he was suspected of sending might be illegal under a computer crime statute. The decision, issued Thursday by Justice of the Supreme …
Dan Goodin, 22 May 2009

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