In a departure from other federal courts, the Fourth Circuit Court of Appeals ruled last week that governments must have a warrant in order to obtain cellphone data. The Court, in a 2-1 split decision, ruled that “the government’s warrantless procurement of the [cell site location information] was an unreasonable search in violation of Appellants’ Fourth Amendment rights.” Adding, “society recognizes an individual’s privacy interest in her movements over an extended time period as well as her movements in private spaces. The fact that a provider captures this information in its account records, without the subscriber’s involvement, does not extinguish the subscriber’s reasonable expectation of privacy.” see more…
Tag Archives: Fourth Amendment
In early September, it was revealed that Yahoo had been threatened with a fine of $250,000 per day for failing to hand over information to the federal government. Details of the threat became public after 1,500 pages worth of documents were unsealed in the case, stemming from a 2007 order from the FISA Court. Wired reports, “Yahoo applied to appeal the [FISA] decision and requested a stay in the data collection pending the appeal. But the FISA Court refused the stay, and beginning in March 2008, Yahoo was forced to comply with the request for data in the meantime ‘under threat of civil contempt.’
Five months later, in August 2008, the FISA Court of Review found that the data request, undertaken for national security reasons, qualified for an exception to the warrant requirement under the Fourth Amendment and upheld the original court’s order to comply.” see more…
Look out kids, the Constitution is back …AND IT HAS A DICK!
And soon, he’s going to fuck those NSA goons in the ass with it.
Aaron Tobey of Virginia sued in federal court and won:
Aaron Tobey claimed in a civil rights lawsuit (.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.
“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.
In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:
Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.
Hopefully more young adults will take the torch and push back. They are our best hope to defeat a tyrannical government. The lawmakers, regulators and enforcers should be very wary of what is coming from the agitated young adults if they do not back off their brown shirt jackboot tactics against common citizens.
Tobey is a true American patriot and hero. He stood up for his rights, made a statement to the pat down thugs while doing so and was arrested for exercising his Constitutionally guaranteed rights.
Well, our civil liberties are taking hits left, right, and sideways, but we have a small victories every now and again.
The U.S. Transportation Security Administration will remove airport body scanners that privacy advocates likened to strip searches after OSI Systems Inc. (OSIS) couldn’t write software to make passenger images less revealing.
TSA will end a $5 million contract with OSI’s Rapiscan unit for the software after Administrator John Pistole concluded the company couldn’t meet a congressional deadline to produce generic passenger images, agency officials said in interviews.
The agency removed 76 of the machines from busier U.S. airports last year. It will now get rid of the remaining 174 Rapiscan machines, with the company absorbing the cost, said Karen Shelton Waters, the agency’s assistant administrator for acquisitions. The TSA will instead use 60 machines manufactured by L-3 Communications Holdings Inc. (LLL), the agency’s other supplier of body scanners.
“It became clear to TSA they would be unable to meet our timeline,” Waters said. “As a result of that, we terminated the contract for the convenience of the government.”
The decision to cancel the Rapiscan software contract and remove its scanners wasn’t related to an agency probe of whether the company faked testing data on the software fix, Waters said.
Yes, the Rap[e]iscan machines will soon be gone!
Apparently, Rapiscan couldn’t come up with the genericized template to pretend that the TSA pervs weren’t REALLY ChoMos in time, so the entire Rapiscan contract is cancelled (they weren’t looking at nekkid pics of everyone, they were just misunderstood, right?)
To [mis]quote Southwest, “you are now free to move about the country [mostly] unmolested.”