S.T.O.P., Harvard Cyberlaw Clinic Express Disappointment On Mass Cell Tower Search Ruling

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View this email in your browser For Immediate Release S.T.O.P., Harvard Cyberlaw Clinic Express Disappointment On Mass Cell Tower Search Ruling (New York, NY, 4/1/22) - Today, the Surveillance Technology Oversight Project (S.T.O.P.), a privacy and civil rights group, and the Harvard Law School Cyberlaw Clinic express disappointment at the Massachusetts Supreme Judicial Court’s decision upholding the constitutionality of police searches of cell tower data. The decision in Commonwealth v. Perry found police “cell tower dumps” are lawful with a warrant, but S.T.O.P. and the Cyberlaw Clinic argued in their amicus brief that no warrant authorizing such an overbroad search could satisfy the constitutional requirement of particularity. Last November, S.T.O.P. and the Cyberlaw Clinic jointly filed their amicus brief supporting defendant Jerron Perry’s appeal of his motion to dismiss evidence obtained through cell tower dumps. The cell tower dumps obtained data on more than 50,000 individuals who were near cell towers at the time of the 2018 crimes. SEE: Ruling – Commonwealth v. Perry https://www.stopspying.org/s/202241_Common-v-Perry-Court-Ruling.pdf Dorchester Reporter - Court OKs use of phone-record sifting that tied Canton man to 2018 murder at a Codman Square gas station https://www.dotnews.com/2022/court-oks-use-phone-record-sifting-tied-canton-man-2018-murder-codman Press Release - S.T.O.P., Harvard Cyberlaw Clinic Argue Mass Cell Tower Searches Are Unconstitutional https://www.stopspying.org/latest-news/2021/11/17/stop-harvard-cyberlaw-clinic-argue-mass-cell-tower-searches-are-unconstitutional “We’re deeply disappointed by the court’s failure to protect Massachusetts residents,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “Cell tower dumps are sprawling, error-prone, and unconstitutional. With warrants this broad, it’s inevitable that Americans will get arrested simply for being in the wrong place at the wrong time. When cell tower dumps backfire, they can send police on endless wild goose chases. And when these searches actually succeed, they’re even more dangerous. A court order that allows police to seize more than 50,000 people’s data undermines every privacy protection in our Constitution. With this tactic, every American’s cellphone is no better than an ankle monitor.” “The SJC’s decision in Perry permits law enforcement to gather data on thousands – if not tens of thousands – of individuals with a single warrant,” said Harvard Law School Cyberlaw Clinic Instructor Mason Kortz. “Moreover, the opinion allows police to replace the traditional requirement of individualized suspicion with mere pattern matching. This places far too much reliance on police analytic methods, which are notoriously opaque. As cell tower dumps become more prolific, the chances of coincidental patterns emerging will increase, inevitably leading to mistaken arrests and prosecutions.” SEE: Brief of Amicus Curiae The Surveillance Technology Oversight Project In Support of Appellant and Reversal https://www.stopspying.org/s/Perry-Brief-FOR-FILING.pdf S.T.O.P. - Commonwealth v. Perry Amicus Brief https://www.stopspying.org/perry-amicus-brief The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color. Harvard Law School’s Cyberlaw Clinic, based at Harvard’s Berkman Klein Center for Internet & Society, provides high-quality, pro-bono legal services to appropriate clients on issues relating to the Internet, technology, and intellectual property. Among other values, the Cyberlaw Clinic seeks to promote awareness and mitigation of the negative impact of power differentials and bias in technology and socio-technical systems. Harvard Law School students who participate in the clinic prepare for practice by working on real-world client counseling, advocacy, litigation, and transactional projects. -- END -- CONTACT: S.T.O.P. Executive Director Albert Fox Cahn Copyright © 2021 Surveillance Technology Oversight Project, All rights reserved. Want to change how you receive these emails? You can update your preferences or unsubscribe from this list.