Transportation Constitutional Law Privacy

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U.S. Senate Proposes Bill Requiring Warrants Prior To Use Of Drones By Federal Law Enforcement

Senators Ron Wyden (D-Oregon) and Dean Heller (R-Nevada) have introduced a bill that would require a warrant prior to the use by any federal entity—including federal law enforcement—of a “mobile aerial-view device.” Such...more

(US) Limiting the Sky: Is There Space for Drones in Real Estate Law?

Real property is generally conceived of as tangible and two dimensional. We acquire land described by courses and distances in a deed, depicted by lines on a survey. The laws respecting that land are well-formed; most in the...more

DOJ releases guidelines on drone operation by federal law enforcement

Last week, the U.S. Department of Justice (DOJ) published guidelines for the use of unmanned aerial vehicles (UAVs) or, as more commonly called, drones, by federal law enforcement. Currently, the FBI is the only agency using...more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the...more

Florida drone bill passed into law, more concerns raised about its restrictions

At the end of April, we posted on the passing of S.B. 766 through the Florida State legislature, and now on May 14, 2015, Governor Rick Scott signed into law the Freedom from Unwarranted Surveillance Act, in the State of...more

Drone Law (or the Lack Thereof)

The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision...more

Drone on Drones: New Court Decision Reflects Shifting Views on Privacy in Public

Whenever drone policy is raised as a topic, privacy concerns follow close behind it as a discussion point. The idea of aerial surveillance that is cheaper, less time-intensive and requires fewer man hours to get off the...more

Drone on Drones: Gov. Brown Vetoes AB 1327, Protecting Police Use of Drones

Amid controversy over the bill and its potential consequences, Gov. Jerry Brown vetoed AB 1327 this Sunday. The bill would have required law enforcement agencies to obtain a warrant before using a drone to gather criminal...more

Planet of the Drones: The Evolution of Privacy Laws in Light of Emerging Drone Technology

Unmanned Aerial Systems (UAS), more popularly known as drones, are a complex and transformative technology that has demonstrated its value in military applications across the globe. Although the Federal Aviation...more

PART TWO: Unmanned Aircraft Systems (“UAS”) – aka Drones Legal Issues: Where Are We Headed?

There have been almost daily news stories about the advent of Unmanned Aerial Vehicles (“UAVs”), also referred to as “drones,” and how commercial usage is expected to explode over the next several years. There have been...more

First in Flight, Tops in Tech, Ascendant in UAS: Drones and North Carolina

The next time you go for a long hike in a national forest with no cell phone service, you might want to take a drone with you so that you can send for help when you break your leg, dehydrate, and need help. ...more

Electronic Privacy Information Center v. Homeland Security

Memorandum Opinion: Granting The Defendant’s Motion For Summary Judgment; Denying The Plaintiff's Cross-Motion For Summary...

Court Grants Government Motion in EPIC Body Scanner FOIA Lawsuit A federal district court has granted the Department of Homeland Security's motion to conclude one of EPIC's Freedom of Information Act lawsuits. EPIC was...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Reply Brief For Petitioners Electronic Privacy Information Center, et al.

EPIC Files Brief in Airport Body Scanner Case EPIC has filed its reply brief in the suit to suspend the Department of Homeland Security's controversial airport body scanner program. The brief argues that "the TSA has acted...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Opening Brief for Petitioners Electronic Privacy Information Center, et al.,

In Opening Brief, EPIC Urges Federal Appeals Court to Suspend Airport Body Scanner Program EPIC has filed the opening brief in EPIC v. DHS, No, 10-1157, a case that challenges the unilateral decision of the TSA to make...more

Commonwealth v. Connolly

Brief of Amicus Curiae Electronic Privacy Information Center (EPIC) In Support of Appellant

EPIC Urges Massachusetts High Court to Protect Drivers From Warrantless Tracking by Law Enforcement, Warns of "Pervasive Mass Surveillance" Today, EPIC filed a "friend of the court" brief in the Massachusetts Supreme...more

Commonwealth v. Connolly

Brief for the Commonwealth

EPIC Urges Massachusetts High Court to Protect Drivers From Warrantless Tracking by Law Enforcement, Warns of "Pervasive Mass Surveillance" Today, EPIC filed a "friend of the court" brief in the Massachusetts Supreme...more

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