S.T.O.P. Welcomes Federal Appeals Ruling Geofence Warrants Unconstitutional

S.T.O.P. welcomes a ruling from the U.S. Court of Appeals for the Fifth Circuit, holding that geofence warrants are unconstitutional...

View this email in your browser For Immediate Release S.T.O.P. Welcomes Federal Appeals Ruling Geofence Warrants Unconstitutional (New York, NY, 8/14/2024)  - Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy and civil rights group, welcomes a ruling from the U.S. Court of Appeals for the Fifth Circuit, holding that geofence warrants are unconstitutional and a violation of the 4th Amendment’s ban on unreasonable searches. Since 2018, geofence warrants have quickly grown to be issued thousands of times a year, with each warrant collecting data on every person in a designated area, whether a single room, or an entire city. The civil rights group also called on New York State and other states with pending geofence ban bills to immediately pass longstanding legislation to outlaw the tactic and related policing practices. SEE: Tech Crunch - US appeals court rules geofence warrants are unconstitutional https://techcrunch.com/2024/08/13/us-appeals-court-rules-geofence-warrants-are-unconstitutional/ Ruling, United States vs. Smith https://www.documentcloud.org/documents/25040860-fifth-circuit-on-geofence-warrants “We’ve called geofence warrants ‘unconstitutional’ for years, and it’s great to see the courts catching up,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “But we can’t afford to wait for this question to be litigated to the Supreme Court, and that’s why we’re calling on New York and other states to outlaw geofence warrants today. As the court acknowledged in its ruling, there is an urgent need for action by lawmakers. This dangerous tool has gone unregulated for far too long, and it’s time for Albany to act. Left unchecked, a single geofence warrant could identify every person who attends a protest, worships at a church or mosque, or goes to an abortion clinic.” SEE: Slate - The Police Surveillance Tool Too Dangerous to Ignore https://slate.com/technology/2023/06/geofence-keyword-warrant-police-surveillance-new-york-law.html S.T.O.P. Report - Roadblock to Care: Barriers to Out-of-State Travel for Abortion and Gender Affirming Care https://www.stopspying.org/roadblock-to-care In December, S.T.O.P. welcomed a privacy update from Google whereby location history in Google Maps will only be saved on a user’s device. In 2022, the civil rights group welcomed what it called a “landmark” ruling from the District Court for the Eastern District of Virginia, holding that a geofence warrant is unconstitutional. That Virginia decision was later overturned by the United States Court of Appeals for the Fourth Circuit, potentially priming this issue for a challenge before the U.S. Supreme Court. In April 2020, the civil rights group helped introduce the nation’s first proposed ban on geofence warrants. The New York law would outlaw reverse keyword search warrants and police use of commercial databases to track location data. SEE: Press Release - S.T.O.P. Welcomes Google Location Privacy Update https://www.stopspying.org/latest-news/2023/12/13/stop-welcomes-google-location-privacy-update NBC - Cellphone dragnet used to find bank robbery suspect was unconstitutional, judge says https://www.nbcnews.com/news/us-news/geofence-warrants-help-police-find-suspects-using-google-ruling-could-n1291098 S.T.O.P - Geolocation Tracking Ban https://www.stopspying.org/location-tracking 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. --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.