Court: Absent ‘Physical Intrusion,’ Warrantless GPS Tracking Legal

By: Wednesday August 15, 2012 7:00 pm

The Sixth Circuit US Court of Appeals ruled yesterday that Drug Enforcement Agency (DEA) agents who tracked a suspect’s phone without a warrant did not violate the suspect’s privacy because he had “no reasonable expectation of privacy in the data emanating from his cell phone that showed his location.”

The court also found because the agents had not attached a device to track the suspect it was not a “physical intrusion.” The suspect had obtained the cell phone and it just so happened to give off location data that agents could use to track him.

Twitter’s Continued Defense of User’s Rights

By: Tuesday May 8, 2012 4:30 pm

Twitter has moved to quash a court order requiring the company to hand over data on one of its users. The user, Malcolm Harris, an Occupy Wall Street protester who is being prosecuted in New York for disorderly conduct, has been battling a government subpoena for his communications, even though a court held he had no standing to protect his own privacy rights.

Update: Michigan Department of Corrections Abandons Routine Body Cavity Searches

By: Thursday April 12, 2012 3:15 pm

The American Civil Liberties Union (ACLU) and the ACLU of Michigan reports the Michigan Department of Corrections has decided to no longer routinely subject women to body cavity searches at the Women’s Huron Valley Correctional facility. The facility had been forcing women to spread their vaginas for searches after shifts in prison jobs, after receiving medical care and after being visited by family, religious workers, lawyers or any other person who might want to see them in prison.

The Sexual Sadism of the Michigan Department of Corrections

By: Thursday April 12, 2012 11:31 am

A consortium of civil liberties, religious and health organizations, and experts including the American Civil Liberties Union (ACLU) are challenging a strip-search procedure prisoners in Michigan’s Women’s Huron Valley Correctional Facility (WHV) are forced to submit to that is nothing less than sexual sadism by the state. In the prison that operates under the umbrella of the Michigan Department of Corrections, women are forced to remove their clothing and spread the lips of their vaginas so that a guard can peer inside. Female prisoners are forced to do this after they meet with family members, religious workers, their lawyers, or anyone else who may visit them in prison.

More on the Supreme Court’s Abominable Strip-Search Ruling

By: Tuesday April 3, 2012 4:00 pm

As widely reported yesterday, the Supreme Court ruled in a 5-to-4 decision that officials could strip-search individuals being admitted to jail, even if they had committed minor offenses. Justice Anthony M. Kennedy wrote in the decision that he was not willing to “second-guess the judgments of correction officials.” The holding may become limited, but its potential implications are disturbing.

ACLU Details How US Law Enforcement Tracks Cell Phones Without a Warrant

By: Monday April 2, 2012 2:46 pm

Public records from local and state law enforcement agencies reveal a significant number of law enforcement agencies in the United States use cell phone tracking even if they do not have a warrant or probable cause to engage in such surveillance. The American Civil Liberties Union (ACLU), which requested and obtained the records, finds the [...]

FDL Movie Night: 10 Rules for Dealing with the Police

By: Monday July 11, 2011 5:00 pm

Flex Your Rights’ straightforward, informative video 10 Rules for Dealing with the Police gives us the know-how on upholding our Constitutional rights and ensuring equal justice.

Judge on Suspicionless Laptop Searches & Seizures: Better Off Leaving Devices at Home

By: Saturday July 9, 2011 10:15 am

A federal judge on Friday heard a lawsuit filed by the ACLU, the New York Civil Liberties Union (NYCLU), and the National Association of Criminal Defense Lawyers (NACDL) against the government’s assertion that it has the authority to search, seize and copy laptops, cell phones, cameras and other devices of people at America’s borders even if there is no suspicion of wrongdoing.

Specifically, the hearing was on whether the government’s motion to dismiss a lawsuit against laptop search policies at the border was legitimate.

Obama Administration Does Not Want Lawmakers to Debate National Security

By: Friday May 27, 2011 4:30 pm

Three provisions of the PATRIOT Act set to expire were extended yesterday as Senate leaders effectively shut off debate and worked to block attempts to amend the Patriot Act to include privacy protections. The reauthorized provisions went to the House for approval and, after passing through Congress, the legislation was flown to US President Barack Obama in France so he could sign the reauthorization.

Deafening Liberal Silence as the Senate Moves to Extend the Patriot Act

By: Tuesday May 24, 2011 4:42 pm

Provisions slated to expire include: the “roving wiretap provision,” which permits government to obtain intelligence surveillance orders without identifying the person or the facility being tapped (Section 206 of the Act); the “Lone Wolf” provision, which permits intelligence agencies to survey non-US persons not affiliated with a foreign organization (Section 6001 of the Act); and Section 215, which grants government authorization to obtain “any tangible thing” relevant to a terrorism investigation, even if there is no evidence the “thing” pertains to the terrorist or terrorist activity under investigation.

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