1st Amendment

Eleventh Circuit: Florida Firearm Owners Privacy Act is Constitutional

The 11th Circuit has reversed a district court ruling and, instead, concluded that Florida’s “docs vs. glocks” law is constitutional.  This is a victory for gun proponents who voice concerns that inquiries from Florida doctors about gun ownership was an invasion of privacy. The case is Dr. Bernd Wollschlaefer et …

4th Amendment

One Year After Snowden: How Safe Are Your Calls and Emails?

Back in April 2014, I spoke to the Palm Beach Chamber of Commerce about the security of emails and phone communications in the business world (materials are here). This article, “One Year After Snowden: How Safe Are Your Calls and Emails?,” summarizes the key Snowden disclosures over the last year …

4th Amendment

NSA Mass Surveillance – How Secure Are Your Calls and Emails?

Special thanks to the Palm Beach Chamber of Commerce for hosting “NSA Mass Surveillance – How Secure Are Your Calls and Emails?“ If you would like to download a PDF of the presentation, it is here (also under “Materials, along the right column of this page).

4th Amendment

NSA Surveillance – How Secure Are Your Calls & Emails @ Palm Beach Chamber of Commerce

  The Palm Beach Chamber of Commerce is presenting “NSA Surveillance – How Secure Are Your Calls and Emails?” on Wednesday, April 30, 2014. This presentation will explain NSA mass surveillance of email and phone communications and will discuss the security of your personal and business communications. It will provide …

4th Amendment

Conflicting Court Opinions on NSA Surveillance

One year ago, the U.S. Supreme Court issued the case of Amnesty International v. Clapper and… few people cared. After all, “Clapper I,” as it became known, held that political activists had no standing to even discover if the government was spying on them. But four months later, the floodgates …

4th Amendment

Government GPS Tracking Since U.S. v. Jones

The Supreme Court’s 2012 decision in U.S. v. Jones involving GPS tracking is trending towards being a landmark decision in how the Court interprets the Fourth Amendment in technology cases.   But what has happened to GPS tracking since the Jones decision? This February 2014 article from the Palm Beach …

4th Amendment

No Social Media Privacy for Alleged Colorado Theater Shooter

Defendant James Eagan Holmes, the alleged Aurora, Colorado movie theater shooter, sought to suppress records obtained from two “dating” sites, Adultfriendfinder.com and Match.com (to be clear, the former is for “sex and swinger personals”). TMZ.com apparently broke the story that Holmes, using the alias “classicjimbo,” had a picture of himself …

4th Amendment

A Tinfoil Hat Which Works: “Booster Bag” Is An Anti-Shoplifting Device Under Florida Statute

Make jokes about the paranoid and their tinfoil hats, but the “tinfoil bag” is the real-deal.  Until you stand right in front of the person you’re stealing from. Most retail stores, as you know, have security tower devices which detect when items with tags pass through the front door, sounding …

4th Amendment

Can the Government Compel Your Client to Decrypt a Hard Drive?

The Fourth  & Fifth Amendments and technology continue to collide as law enforcement seeks to compel defendants to unencrypt their computer harddrives.  Can they force your client to hand over the password? We discussed a similar issue in May about whether, under the Fourth Amendment, the Government could inspect the …

4th Amendment

Can the Government Search Your iPhone or iPad at the US Border?

Can Border Patrol rummage through the contents of your digital camera, laptop, smartphones, etc at the border? Yes, according to several recent cases and a broad exception to the Fourth Amendment (search and seizure). Read “Can They Search Your iPad or iPhone at the Border?” from the May 2013 Palm …