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#warrants — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #warrants, aggregated by home.social.

  1. 2nd, & much more dramatically, the #FifthCircuit rules that bc the database of #geofence records is so large, & bc the whole database must be scanned through to find matches, the #FourthAmendment does not allow courts to issue #warrants to collect those records. In #legal terms, it is impossible to have a warrant particular enough to authorize the #surveillance. IOW, the govt can't gather these kinds of online records at all, even w/a #warrant based on #ProbableCause.

    #law #InfoSec #privacy

  2. Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…

    The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history. 

    - Orin Kerr
    @lawfare
    #law #InfoSec #privacy
    mastodon.social/@lawfare/11296

  3. In a major decision federal #FifthCircuit #CourtofAppeals held that #geofence #warrants are “categorically prohibited by the #FourthAmendment.”
    Court determined under Supreme Court’s landmark ruling in Carpenter v. United States, individuals have reasonable expectation of #privacy in #location data implicated by #geofencewarrants.
    Second, court found that even though investigators seek warrants for geofence location data, these searches are inherently #unconstitutional.
    eff.org/deeplinks/2024/08/fede