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Fourth Amendment Privacy Laws

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 -
Gray Reed

Balancing Privacy and Tax Enforcement in the Digital Age

Gray Reed on

The Internal Revenue Service was aware of significant underreporting of cryptocurrency on tax returns and used one of its investigative tools (i.e., a John Doe summons) in 2016 to seek financial information on thousands of...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Womble Bond Dickinson

Crossing Borders with Electronics: Know Your Rights and Risks

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With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S....more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

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Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Venable LLP

Online Applications Are Tracking Your Location, and the Government Wants That Information. Is That Lawful?

Venable LLP on

When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

Goodwin on

To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Fox Rothschild LLP

South Carolina Weighs In; Privacy Rights in the Wake of Dobbs

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Yesterday, the Supreme Court of South Carolina offered its response to the decision last June by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health. Until last June, this would have been a relatively insignificant...more

Society of Corporate Compliance and Ethics...

United States senator plans to introduce new privacy legislation

Report on Supply Chain Compliance 3, no. 16 (August 20, 2020) - Sen. Ron Wyden (D-Ore.), a coauthor of the Section 230 provision that shields internet companies from liability for content posted on their platforms,...more

Farella Braun + Martel LLP

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine a new Chinese cybersecurity law that went into effect despite international concern for how it will be implemented; Colorado's adoption of new...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more

Troutman Pepper Locke

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

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The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Fisher Phillips

Can A GPS Result In TMI?

Fisher Phillips on

The answer is “yes” – tracking employees by using Global Positioning Systems (GPS) can give an employer too much information (TMI). Surreptitious Surveillance In 2012, the U.S. Supreme Court held (in the case of U.S....more

Baker Donelson

Hospitalitas Newsletter - Spring 2014

Baker Donelson on

In This Issue: - Your Grandmother Doesn’t Work for Free: Volunteer and Intern Positions Under Closer Scrutiny - Excessive Celebration – Penalty Declined - Four Crisis Management Lessons from the...more

Troutman Pepper

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Troutman Pepper on

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

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