A student-run resource for reliable reports on the latest law and technology news

New Jersey Supreme Court: Police Must Obtain Warrant Before Accessing Cell Phone Location Information

State v. Earls
By Casey Clausen – Edited by Mary Grinman

On July 18, the New Jersey Supreme Court reversed and remanded an Appellate Division judgment. The court held that the New Jersey Constitution protects an individual’s privacy interest in the location information transmitted by a cell phone, which can be used by police as a tracking device. Under the ruling, police must obtain a search warrant before accessing that information.


Posted On Jul - 30 - 2013 3 Comments READ FULL POST

Users Balk at Samsung’s Access Requests for Jay-Z’s Mobile App
By Natalie Kim – Edited by Mary Grinman

Samsung launched a mobile app that allowed users to download Jay-Z’s new album before the album was released worldwide. Before users could obtain the album, they were required to grant the app permission to modify or delete content stored on the phone, to access to the phone’s precise location, and to read the phone’s status and identity. These requirements were met with a substantial amount of backlash.


Posted On Jul - 16 - 2013 Comments Off READ FULL POST

Supreme Court Reaffirms Driver Privacy

Maracich v. Spears
By Natalie Kim – Edited by Mary Grinman

On Monday, the Supreme Court held that the “litigation exception” of the Driver Privacy Protection Act (“DPPA”) did not apply to attorney solicitation of clients, vacating a decision of the 4th Circuit. On remand, the lower court must determine whether Spears’ communications were sent with “the predominant purpose of solicitation.”


Posted On Jun - 23 - 2013 1 Comment READ FULL POST

Trailblazing Email Privacy Bill Proposed in Texas
Mary Grinman – Edited by Natalie Kim

On May 27, 2013, the Texas State Senate and House signed H.B. 2268. The legislation requires state law enforcement agents to secure a warrant before accessing emails and other “electronic customer data.” H.B. 2268 at 3–4. It also permits warrants on out-of-state service providers that do business with a Texas resident in certain circumstances. Id. at 9. The bill closes the loophole of the 1986 Electronic Communications Privacy Act (ECPA), which allows warrantless access to emails opened or older than 180 days.


Posted On Jun - 8 - 2013 Comments Off READ FULL POST

Supreme Court Holds that “Dog Sniffing” in Area Around the Home Constitutes a Fourth Amendment “Search”

Florida v. Jardines
By Mary Grinman – Edited by Geng Chen

In a 5–4 decision, the Supreme Court of the United States affirmed the Supreme Court of Florida, which had held that the use of a trained narcotics dog to inspect the area immediately surrounding Joelis Jardines’s home, including his porch, constituted a Fourth Amendment “search.”


Posted On Apr - 4 - 2013 1 Comment READ FULL POST
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