By accident, Tim Pool stumbles upon the best arguments for why due process is essential | @destiny
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#fourthamendment
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Replied to Nonilex
@Nonilex what does the #fourthamendment convey? 'Cause I don't have the US constitution in my head, cause I live in the Netherlands
Continued thread
#Trump lawyers have *determined* [made up from whole cloth] that an 18th-cent wartime #law Trump invoked to deport *suspected* [presumed] members of a Venezuelan gang allows federal agents to enter homes WITHOUT A WARRANT….
The disclosure reflects the Trump admin’s aggressive view of #PresidentialPower, including setting aside a key provision of the #FourthAmendment that requires a #CourtOrder to search someone’s home.
Continued thread
Holy freaking crap
The #Trump admin says that the #AlienEnemiesAct allows #Immigration Agents to enter the homes of ANY PERSON who they *believe* are subject to the declaration WITHOUT A WARRANT.
#law #Constitution #FourthAmendment #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://www.nytimes.com/2025/03/20/us/politics/trump-alien-enemies-immigration-agents.html?unlocked_article_code=1.5U4.39cB.wD5EgfXixxmS&smid=nytcore-ios-share&referringSource=articleShare&sgrp=p
The New York Times · Administration Officials Believe Order Lets Immigration Agents Enter Homes Without Warrants
Court rules #FISA #Section702 #surveillance of #US resident was #unconstitutional
'Public interest alone does not justify #warrantless querying' says judge
Specifically, it was decided the #FBI had violated a US resident's #FourthAmendment rights against unreasonable searches by looking through a vast database of overseas communications vacuumed up under Section 702 of FISA and using that resident's private messages as evidence to successfully prosecute him.
https://www.theregister.com/2025/01/24/section_702_court/ #privacy
The Register · Court rules FISA Section 702 surveillance of US resident was unconstitutional
Traffic Scheme Nets [Oklahoma's] Texas County DA’s Office Millions
>>Did the whole thing sound like a shakedown? Yes — Wirth agreed with that much. And, sure, Wirth said, it was a way to skirt the Fourth Amendment to the U.S. Constitution, protecting against unlawful search and seizure. <<
#OklahomaWatch #Oklahoma #FourthAmendment #WarOnDrugs #Corruption #CriminalJustice #Truckers #Transportation
https://oklahomawatch.org/2025/02/12/traffic-scheme-nets-texas-county-das-office-millions/
Oklahoma Watch · Traffic Scheme Nets Texas County DA’s Office Millions
Continued thread
“This egregious act is in plain violation of the #FourthAmendment of the US #Constitution, which guarantees ‘the right of the people be secure in their persons, houses, papers, & effects, against unreasonable searches & seizures….’
“#Newark will not stand by idly while people are being unlawfully #terrorized. I will be holding a press conference in alliance w/partners ready and willing to defend & protect civil & #HumanRights. Details to come.”
– NJ Mayor Baraka
#Trump #law #USpol #CivilRights
#Trump note:
if you live in #Northeast #USA like i do (#NewEngland, #NewYork, #NewJersey, #Pennsylvania, etc)
that square in east central New York is roughly the area around #SaratogaSprings #NY
it's nice. also rather pricey
a geographical artifact of the #USA #BorderPatrol's 100 mile zone in which it operates
for the rest of the Northeast, #US #Customs and #Border Protection has the #legal ability to suspend some of your #FourthAmendment #rights without a #warrant
'FYI. A #Warrant Isn’t Needed': #SecretService Says You Agreed To Be Tracked With #Location Data
The Secret Service has used a technology called #LocateX which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.
https://www.404media.co/fyi-a-warrant-isnt-needed-secret-service-says-you-agreed-to-be-tracked-with-location-data/ #privacy #surveillance #FourthAmendment #4thAmendment
404 Media · 'FYI. A Warrant Isn’t Needed': Secret Service Says You Agreed To Be Tracked With Location DataThe Secret Service has used a technology called Locate X which uses location data harvested from ordinary apps installed on phones. Because users agreed to an opaque terms of service page, the Secret Service believes it doesn't need a warrant.
Lawsuit: City cameras make it impossible to drive anywhere without being #tracked
Police use of automated license-plate reader cameras is being challenged in a lawsuit alleging that the #cameras enable #warrantless #surveillance in violation of the #FourthAmendment.
#privacy #alpr
Ars Technica · Lawsuit: City cameras make it impossible to drive anywhere without being tracked
#Lawsuit Argues #Warrantless Use of #Flock #SurveillanceCameras Is #Unconstitutional
"Functionally impossible for people to drive anywhere without having their movements tracked, photographed, and stored in an #AI-assisted database that enables the warrantless surveillance of their every move. This #civilrights lawsuit seeks to end this dragnet #surveillance program"
https://www.404media.co/lawsuit-argues-warrantless-use-of-flock-surveillance-cameras-is-unconstitutional/
Flock sells networks of automated #licenseplate readers
Are they unconstitutional under #FourthAmendment?
404 Media · Lawsuit Argues Warrantless Use of Flock Surveillance Cameras Is Unconstitutional"It is functionally impossible for people to drive anywhere without having their movements tracked, photographed, and stored in an AI-assisted database that enables the warrantless surveillance of their every move. This civil rights lawsuit seeks to end this dragnet surveillance program."
Replied in thread
@atrupar Texas is violating the #FourthAmendment , right to privacy.
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2nd, & much more dramatically, the #FifthCircuit rules that bc the database of #geofence records is so large, & bc the whole database must be scanned through to find matches, the #FourthAmendment does not allow courts to issue #warrants to collect those records. In #legal terms, it is impossible to have a warrant particular enough to authorize the #surveillance. IOW, the govt can't gather these kinds of online records at all, even w/a #warrant based on #ProbableCause.
Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…
The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history.
- Orin Kerr
@lawfare
#law #InfoSec #privacy
https://mastodon.social/@lawfare/112960836499873638
MastodonLawfare (@lawfare@mastodon.social)Last week the Fifth Circuit ruled that the Fourth Amendment does not allow courts to issue warrants for geofence records. Orin Kerr explains why this ruling conflicts with the precedent on gov't access to location data and should be overturned. https://www.lawfaremedia.org/article/the-fifth-circuit-shuts-down-geofence-warrants-and-maybe-a-lot-more
In a major decision federal #FifthCircuit #CourtofAppeals held that #geofence #warrants are “categorically prohibited by the #FourthAmendment.”
Court determined under Supreme Court’s landmark ruling in Carpenter v. United States, individuals have reasonable expectation of #privacy in #location data implicated by #geofencewarrants.
Second, court found that even though investigators seek warrants for geofence location data, these searches are inherently #unconstitutional.
https://www.eff.org/deeplinks/2024/08/federal-appeals-court-finds-geofence-warrants-are-categorically-unconstitutional
#WashingtonDC #FourthAmendment
APPEALS COURT RULES D.C. POLICE OFFICERS’ PROLONGED RETENTION OF PERSONAL PROPERTY VIOLATES THE FOURTH AMENDMENT
ACLU of DC · Appeals Court Rules D.C. Police Officers’ Prolonged Retention of Personal Property Violates the Fourth Amendment“These cases show the importance of this principle, as they involve officers retaining property seized from people arrested (though not charged) after racial justice protests. The officers’ conduct not only constituted an abuse of power but also threatened to chill free expression.”
The #UN #Cybercrime Draft Convention is a Blank Check for #Surveillance Abuses
#privacy #fourthamendment #4thamendment
Electronic Frontier Foundation · The UN Cybercrime Draft Convention is a Blank Check for Surveillance AbusesThis is the second post in a series highlighting the problems and flaws in the proposed UN Cybercrime Convention. Check out our detailed analysis on the criminalization of security research activities under the proposed convention.The United Nations Ad Hoc Committee is just weeks away from...
The Age of the #Drone #Police Is Here
A WIRED investigation, based on more than 22 million flight coordinates, reveals the complicated truth about the first full-blown police drone program in the US—and why your city could be next.
#privacy #4thamendment #fourthamendment
https://www.wired.com/story/the-age-of-the-drone-police-is-here/
#WhiteHouse says the bill “threatens national security.”
The #FourthAmendment is not for sale. So says a bipartisan group of congresscritters. Their bill of the same name passed in the House yesterday.
The draft law would prevent the U.S. from buying data about Americans—data such as spending, location history or sexual proclivities. Although #AdTech users could still buy whatever they wanted from #DataBrokers, the government would need a warrant.
It’s a privacy win, some say, but the #Biden administration is set against the bill. In #SBBlogwatch, we’re of two minds. At @TechstrongGroup’s @SecurityBlvd: https://securityboulevard.com/2024/04/fourth-amendment-is-not-for-sale-richixbw/?utm_source=richisoc&utm_medium=social&utm_content=richisoc&utm_campaign=richisoc
Security Boulevard · House Passes Privacy-Preserving Bill, but Biden Blasts itAre you a FANFSA fan? The White House isn’t. It says the bill “threatens national security.”
House passes bill requiring #warrant to purchase data from third parties
Dubbed the #FourthAmendment is Not For Sale, passed 219-199. It requires #lawenforcement and government entities to get a warrant before buying information from third-party #databrokers who purchase information gleaned from apps.
Those in favor of the bill argue the government should have to get a warrant before buying the commercially available information to carry out law enforcement activities.
https://thehill.com/homenews/house/4601266-house-passes-bill-requiring-warrant-to-purchase-data-from-third-parties/
