News & Analysis as of

Fourth Amendment Contact Tracing

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Robinson+Cole Data Privacy + Security Insider

Class Action Filed Against Commonwealth of Massachusetts for Alleged COVID-19 Contact-Tracing Spyware Installation

This week, a lawsuit was filed in the U.S. District Court of Massachusetts against the Commonwealth of Massachusetts for its use of a COVID-19 contact-tracing app for residents’ mobile phones. However, very few residents...more

Womble Bond Dickinson

U.S. Surveillance Society Could Learn from EU Approach to Privacy

Womble Bond Dickinson on

We have learned in the past year that privacy protection can often conflict with pandemic protections, as contact tracing regimes and databases of infections and vaccinations highlight people’s personal situations in the...more

BCLP

Designing a Fourth-Amendment-Friendly Bluetooth Contact Tracing App in the United States

BCLP on

The quest to design a coronavirus contact tracing application in the United States using mobile devices’ Bluetooth technology must take into consideration whether such an application would violate an individual’s Fourth...more

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