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The Government Can't Seize Your Digital Data. Except by Buying It.


The Government Can't Seize Your Digital Data. Except by Buying It.

The government needs a warrant to compel companies to produce such sensitive data. It turns out that all the government really needs is cash and a data broker.

The government can't seize your digital data. Except by buying it.

The government can't seize your digital data. Except by buying it. New technology has rendered both Supreme Court rulings on privacy and federal laws moot.

The government can't seize your data — but it can buy it - TechCrunch

While the Constitution prevents the government from compelling companies to turn over your sensitive data without due process, there are no laws ...

The Government Can't Retain Seized Digital Devices and Data ...

The court ruled that even when the government seizes and then searches a cellphone under a lawful warrant, the Fourth Amendment bars it from holding onto the ...

The Government Can't Seize Your Digital Data. Except by Buying It.

Brennan Center: The Government Can't Seize Your Digital Data. Except by Buying It. Posted on April 28, 2021 by Hall. Brennan Center: The Government Can't ...

Purchasing Data Under the Fourth Amendment and the State Action ...

This Note—the first comprehensive examination of data purchases under Fourth Amendment privacy and state action doctrine—establishes that a government purchase ...

The Warrant Clause in the Digital Age | American Civil Liberties Union

A federal circuit court rightly found the government may not hold on to our digital devices or data indefinitely. A cardboard cutout of My ...

An Ongoing Seizure: The Struggle to Uniformly Protect Fourth ...

In Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data, Professor Orin Kerr suggested that any use of ...

Congress Must Close Data Broker Loophole by Prohibiting ...

Privacy laws in this country are badly outdated, creating gaps that data brokers and government agencies can exploit. For instance, the ...

Administering the Fourth Amendment in the Digital Age

The owner's rights to possess and to use the data are not typically compromised in these cases, of course, because the owner still retains a copy. Government ...

House passes bill requiring warrant to purchase data from third parties

Dubbed the Fourth Amendment is Not For Sale, the legislation passed 219-199. It requires law enforcement and other government entities to get a ...

No Warrant, No Problem: How the Government Can Get Your Digital ...

The Electronic Communications Privacy Act (ECPA) — a 1986 law that underpins much of how the government can get digital data — requires ...

The Fourth Amendment Limits of Internet Content Preservation

take away their freedom.”154 When a government agent collects constitutionally protected data and sets it aside for possible access, the government has seized.

Digital Divergence - The National Constitution Center

Digital network technology has had both a consolidating and a fragmenting effect on data. The Supreme Court recognized the consolidating effect in Riley, noting ...

Buying Data and the Fourth Amendment - Hoover Institution

In Carpenter v. United States,1 the Supreme Court held that the Fourth Amendment requires the government to obtain a warrant before ...

Can My Cellphone Data Be Used Against Me? - FindLaw

The fourth amendment recognizes the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable ...

Data Privacy Laws: What You Need to Know in 2024 - Osano

As of this writing, the American Privacy Rights Act has been introduced in Congress. It still faces significant hurdles before it can ultimately ...

Letting police access Google location data can help solve crimes

Acquiring anonymous data about which devices were in a bank at the time of a robbery should not be unconstitutional.

The State of Consumer Data Privacy Laws in the US (And Why It ...

And those risks vary widely, in part because there's no single, comprehensive federal law regulating how most companies collect, store, or share ...

When the Government Buys Sensitive Personal Data | Lawfare

Law enforcement has been buying sensitive personal data for use in investigations, but these purchases likely violate the Fourth Amendment.