Fourth Amendment

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SSCC 208 - (Cyber)crime and Punishment [PODCAST]

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In this episode: Cybercrime (and punishment), crimeware, the Angler exploit kit, and how the Fourth Amendment applies to social networks.

Facebook can't say 'No' to New York, says New York

Facebook can't "plead the Fourth Amendment" on your behalf, says a New York appeals court - you have to do it yourself.

Warrantless laptop seizure at US borders shouldn't be rubber-stamped, rules judge

Image of airport bags courtesy of Shutterstock

In a rare blow to the border exception rule, the judge disagreed that laptops and phones are just "containers" that can be searched like luggage.

GPS tracking counts as a "search", says US Supreme Court

Tracking. Image courtesy of Shutterstock

The court sided with an offender who argued that being forced to wear a location monitor for the rest of his life is unconstitutional.

Microsoft deluged with support in its email privacy battle against US government

Microsoft deluged with support in its email privacy battle against DOJ

75 amicus briefs show the industry's fierce belief that the US is overreaching in its demands to get email off an Irish server.

Microsoft: US would be outraged if another nation ransacked its servers

Microsoft: US would be outraged if another nation ransacked its servers

That's exactly what the US is doing, Microsoft says: trying to sidestep international law by demanding a customer's email from servers in another country.

FBI's warrantless 'hack' of Silk Road was legal, prosecutors claim

FBI's warrantless 'hack' of Silk Road was legal, prosecutors claim

Even if FBI agents did hack their way into the Silk Road without a warrant - and they're most certainly not confessing to that, mind you - the intrusion would have been an upstanding, law-abiding, Fourth Amendment-respecting act of criminal investigation, the government argued in a Monday court filing.

Snowden: NSA working on 'MonsterMind' cyberwar bot

Snowden: NSA working on 'MonsterMind' cyberwar bot

The cyber defense system would instantly and autonomously neutralize foreign cyberattacks against the US and could also be used to launch retaliatory strikes. To do so, it would have to control and analyze all traffic entering the US - a chilling prospect that was the last straw, the whistleblower says.

Facebook's facing a losing battle to protect users' privacy

Facebook's facing a losing battle to protect users' privacy

Last year, prosecutors in Manhattan held Facebook up by the ankles and shook out personal data on 381 users. A judge last week said that it's up to the targeted users to complain about privacy invasion, not data-repository Facebook. But how are they supposed to stand up for their rights if they're never told about the sealed warrants to begin with?

Feds argue for warrantless phone search to avoid suspects kill-switching evidence

Criminal. Image courtesy of Shutterstock.

For a long time, the law has been demanding kill-switch technology as a way to thwart mobile phone theft. But in a recent brief to the Supreme Court, the DOJ cares much more about grabbing evidence before a suspect bricks or wipes his phone.

US court dismisses suit brought against border laptop searches

US court dismisses suit brought against border laptop searches‏

A US federal court in New York closed out the year by saying that it's OK for the government to search travelers' electronic devices at border checkpoints without reasonable suspicion that people have done anything wrong, given that "reasonable" takes on a whole new dimension when you're talking about the crucial zone of border crossings.

US judge orders NSA to stop collecting phone metadata

US judge orders NSA to stop collecting phone metadata

The judge said that the NSA's collection technology is "almost Orwellian" and is likely unconstitutional. His injunction to cease data collection is stayed to give the US government time to appeal - a process that could take six months.

Privacy's gone when posting child abuse images to a P2P network, US judge rules

Privacy's gone when posting child abuse images to a P2P network, US judge rules

A US court has turned the tables on child predators who use technology to share images of the abuse, ruling that investigators' use of an automated search tool to ferret out known child porn images was not a violation of the defendants' Fourth Amendment rights against unreasonable search.

Warrantless GPS tracking of vehicles is unconstitutional, US court rules

Warrantless GPS tracking of vehicles is unconstitutional, US court rules

Slapping a tracker on a car without having established probable cause goes against the Fourth Amendment, the US Court of Appeals has ruled.

ACLU: Cops should have a tougher time sucking up 7 months of mobile phone data

ACLU: Cops should have a tougher time sucking up 7 months of mobile phone data

The ACLU joined other legal activist groups to file a brief in what they call a potentially pivotal case in determining whether the government needs a warrant to track our mobile phones.

US upholds the right to search your laptop at the border without warrant

US upholds the right to search your laptop at the border without warrant

A statement put out by the Department of Homeland Security says that hunches and intuition are enough to justify warrantless searches, and it's not explaining anything much beyond that. It goes on to provide Constitutional analysis that's mostly redacted.

"Government seeks a warrant to hack" - US judge gives his decision

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Do you usually shy away from legal documents?

Well, here's one that's well worth reading: it deals very interestingly with the zone in which busting cybercrooks and protecting privacy intersect...

Convicted sex offender let off the hook for child abuse image collection

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Inadvertent exposure of files on an unsecured wireless network doesn't justify the search that found them, an Oregon judge ruled, reversing his previous conviction of a sex offender.

Police can imitate your drug dealer to text you from his phone

Police can imitate your drug dealer to text you from his phone

A US court has decreed that sending texts using a seized iPhone while impersonating the phone's owner doesn't violate privacy rights.