EPIC Amicus Curiae Briefs
EPIC frequently files amicus curiae, or "friend of the court", briefs in federal and state appellate cases concerning emerging privacy and civil liberties issues.
We work closely with technical experts and legal scholars, members of the EPIC Advisory Board, on these briefs. EPIC's amicus briefs assist judges in their analyses of novel privacy issues, often involving new technology. Many of these cases are complex and technical. Judges often acknowledge EPIC's briefs in their opinions, and have expressed gratitude for EPIC's participation in important cases. EPIC's decision to participate as amicus in a particular case typically follows an extensive review of matters pending before federal and state courts.
Interested in potential amicus opportunities in pending privacy, civil liberties, and technology cases? Visit the EPIC Amicus Tracker.
FEATURED CASE
McCurley v. Royal Seas Cruises No. 21-550099
U.S. Court of Appeals for the Ninth Circuit | Telephone Consumer Protection ActWhether Royal Seas Cruises is vicariously liable for illegal robocalls made on its behalf using bad leads from an online lead generator.
Documents
EPIC's Amicus Brief
August 9, 2021
Sanchez v. LA Dep't of Transportation No. 21-55285
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentWhether compelled disclosure of detailed location information on individual e-scooter trips violates the Fourth Amendment
Documents
EPIC's Amicus Brief
July 30, 2021
United States v. Morton No. 19-10842
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentWhether law enforcement can perform an invasive forensic search of the entire contents of a phone when it only has probable cause to search some of the data on the phone.
Documents
EPIC's Amicus Brief
July 13, 2021
Cothron v. White Castle No. 20-3202
U.S. Court of Appeals for the Seventh Circuit | Biometric PrivacyWhether a person can sue only for the first time their data is collected or disclosed without consent in violation of the Illinois Biometric Information Privacy Act ("BIPA").
Documents
EPIC's Amicus Brief
June 4, 2021
Alabama v. Department of Commerce No. 21-211
U.S. District Court for the Middle District of Alabama | CensusWhether the Census Bureau's use of differential privacy to protect the confidentiality of 2020 Census responses is consistent with the Census Act and the Administrative Procedure Act
Documents
EPIC's Amicus Brief
April 27, 2021
TransUnion v. Ramirez No. 20-297
Supreme Court | StandingWhether plaintiffs in FCRA and other privacy suits can establish standing based on a violation of their statutory rights.
Wisconsin v. Burch 2019-AP-1404
Wisconsin Supreme Court | Fourth AmendmentWhether a reasonable person who verbally consents to a limited search of their cell phone authorizes law enforcement to download that phone’s entire contents, store a copy of the data indefinitely, and use it in unrelated investigations based on a vague consent form.
Lindenbaum v. Realgy, LLC No. 20-4252
U.S. Court of Appeals for the Sixth Circuit | Telephone Consumer Protection ActWhether the Supreme Court's decision to invalidate and sever the government debt exception from the Telephone Consumer Protection Act's robocall ban requires courts grant retroactive immunity to robocallers for illegal calls made for the five years between the exception's enactment and the Court's decision to sever.
Bozzi v. City of Jersey City No. 084392
New Jersey Supreme Court | Informational PrivacyWhether New Jersey's Open Public Records Act protects from public disclosure the names and addresses of individuals possessing a government-issued dog license.
People v. Wilson No. S265795
California Supreme Court | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only images previously viewed by Google employees.
Attorney General v. Facebook SJC-12946
Massachusetts Supreme Judicial Court | Consumer PrivacyWhether the Attorney General can obtain from Facebook factual information derived from the company's investigation of third parties that improperly accessed user data.
Facebook v. Duguid No. 19-511
Supreme Court | Telephone Consumer Protection ActWhether the Telephone Consumer Protection Act prohibits use of mass telephone dialing systems that dial numbers from a database.
Commonwealth v. Zachery SJC-12952
Massachusetts Supreme Judicial Court | Fourth AmendmentWhether a person has a reasonable expectation of privacy in information relating to their use of a public transportation card, or in any data that card may contain or generate.
Van Buren v. United States No. 19-783
Supreme Court | Computer Fraud & Abuse ActWhether a police officer "exceeds authorized access" under the Computer Fraud & Abuse Act when they access personal information in a government database for an improper purpose.
U.S. Fish & Wildlife Service v. Sierra Club No. 19-547
Supreme Court | Freedom of Information ActWhether Exemption 5 of the Freedom of Information Act allows an agency to withhold documents reflecting the agency's position on another agency's proposed rule when the documents are never formally finalized and the proposed rule is later revised
Smith v. LoanMe No. S260391
California Supreme Court | Consumer PrivacyWhether the California Invasion of Privacy Act prohibits parties to a call from recording a call without the consent of all parties
Anibowei v. Wolf No. 20-10059
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentWhether the border search exception to the Fourth Amendment warrant requirement should be extended to cell phones
Documents
EPIC's Amicus Brief
June 9, 2020
LinkedIn v. hiQ Labs No. 19-1116
Supreme Court | Consumer PrivacyWhether a court can compel an internet company to provide third-party data scrapers access to user data.
Curling v. Raffensperger No. 1:17-cv-02989
U.S. District Court for the Northern District of Georgia | Election SecurityWhether ballot-marking devices used in Georgia elections, which allegedly make the ballot preferences of the voter easily viewable by others in the polling place, violate the right to a secret ballot.
Documents
EPIC's Amicus Brief
March 13, 2020
Trump v. Vance No. 19-635
Supreme Court | Trump TaxesWhether the NYC DA’s grand jury subpoena for Trump’s financial records, including his tax records, violates Article II and the Supremacy Clause of the United States Constitution
Barr v. American Association of Political Consultants No. 19-631
Supreme Court | Telephone Consumer Protection ActWhether the government-debt exception to the robocall ban in the Telephone Consumer Protection Act is unconstitutional and should be severed
United States v. Facebook No. 19-2184
U.S. District Court for the District of Columbia | Consumer PrivacyWhether the proposed settlement between the FTC and Facebook for violations of the 2011 Consent Order does not serve the public interest and should be rejected
Georgia v. Public.Resource.Org 18-1150
Supreme Court | Access to InformationWhether Georgia can copyright the state's official annotated code, which is the sole authoritative source of state law.
Kansas v. Glover No. 18-556
Supreme Court | Fourth AmendmentWhether the Fourth Amendment allows police to stop a car when the only reason police have for the stop is that the car’s registered owner has a suspended license.
State v. Andrews 82209
New Jersey Supreme Court | Fifth AmendmentWhether the compelled production of a cell phone passcode violates the Fifth Amendment privilege against self-incrimination
Gadelhak v. AT&T Services 19-1738
U.S Court of Appeals for the Seventh Circuit | Telephone Consumer Protection ActWhether a telephone dialing or text messaging system that mass dials telephone numbers from a list is an autodialer under the Telephone Consumer Protection Act
Attias v. Carefirst (Carefirst II) 19-7020
U.S. Court of Appeals for the D.C. Circuit | Consumer PrivacyWhether victims of a data breach have adequately alleged damages
Curling v. Raffensperger 397 F.Supp.3d 1334
U.S. District Court for the Northern District of Georgia | Election SecurityWhether the use of direct recording electronic (DRE) voting systems that do not produce human-readable paper ballots and that have known cybersecurity vulnerabilities violates the constitution
Carr v. Department of Transportation 3 MAP 2019
Pennsylvania Supreme Court | First AmendmentWhether the First Amendment protects a public employee from being fired for a Facebook post
Department of Commerce v. New York 139 S.Ct. 2551
Supreme Court | CensusWhether the Department of Commerce and Census Bureau violated the Administrative Procedure Act when it added a citizenship question to the 2020 Census
United States v. Wilson 18-50440
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images
Food Marketing Institute v. Argus Leader Media 139 S.Ct. 2356
Supreme Court | Freedom of Information ActConcerning the withholding of “confidential†information requested under the Freedom of Information Act
PDR Network v. Carlton & Harris Chiropractic 139 S.Ct. 2051
Supreme Court | Telephone Consumer Protection ActWhether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act
Patel v. Facebook 932 F.3d 1264
U.S. Court of Appeals for the Ninth Circuit | StandingWhether collection of an individual's biometric data in violation of the Illinois Biometric Information Privacy Act is sufficient to establish Article III standing
Gallion v. Charter Communications 772 Fed.Appx. 604
U.S. Court of Appeals for the Ninth Circuit | Telephone Consumer Protection ActWhether the Telephone Consumer Protection Act ban on unsolicited calls to mobile phones using an autodialer or prerecorded voice message is constitutional under the First Amendment
New York, et al. v. Department of Commerce, et al. (2020 Census Case) 339 F.Supp.3d 144
U.S. District Court for the Southern District of New York | CensusWhether the Department of Commerce and Census Bureau violated the Administrative Procedure Act when it added a citizenship question to the 2020 Census
United States v. Miller 18-5578
U.S. Court of Appeals for the Sixth Circuit | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images
Frank v. Gaos 139 S.Ct. 1041
Supreme Court | Consumer PrivacyWhether a settlement is “fair, reasonable, and adequate†in a consumer privacy case where there is no meaningful change in business practices and no monetary relief is given to class members.
Rosenbach v. Six Flags 2017 IL App (2d) 170317
Illinois Supreme Court | Consumer PrivacyWhether an individual whose biometric data has been unlawfully collected in violation of the Illinois Biometric Information Privacy Act has a cause of action
In re: Facebook, Inc. Internet Tracking Litigation 17-17486
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether Facebook violated the privacy rights of users by tracking their web browsing history even after they logged out of the platform
Herrick v. Grindr, LLC 765 Fed.Appx. 586
U.S. Court of Appeals for the Second Circuit | Consumer privacyWhether § 230 of the Communications Decency Act shields Grindr, a dating app, from liability for failing to remove fake profiles that used the Plaintiff’s name and likeness and posed a danger to his personal safety
In re: OPM Data Security Breach Litigation 928 F.3d 42
U.S. Court of Appeals for the District of Columbia Circuit | Informational PrivacyWhether the government's failure to safeguard sensitive personal data from a breach, and the resulting disclosure of that personal data, violated individuals' constitutional right to informational privacy and caused a cognizable injury under Article III
Jackson, et al v. McCurry, et al 762 Fed. Appx. 919 (11th Cir. 2019)
U.S. Court of Appeals for the Eleventh Circuit | Fourth AmendmentWhether school administrators may access and search the contents of a student's cell phone without consent
Campbell v. Facebook 17-16873
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether the lower court erred in approving a proposed class action settlement that allowed Facebook to continue scanning private messages as long as the company posts a notice about the practice in its privacy policy
United States v. Microsoft 138 S. Ct. 1186 (2018)
U.S. Supreme Court | Electronic Communications Privacy ActWhether the Stored Communications Act authorizes warrants for personal data stored outside of the United States
Dahda v. United States 138 S. Ct. 1491 (2018)
U.S. Supreme Court | WiretappingWhether cell phone communications collected under an invalid wiretap order should be excluded from evidence pursuant to the Wiretap Act
In re: Google Cookie Placement Settlement 934 F.3d 316 (3d Cir. 2019)
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether the lower court erred in approving a proposed class action settlement in the Google "cookie placement" litigation that did not provide direct relief to class members and would distribute funds to groups with prior connections to Google and class counsel.
Byrd v. United States 138 S. Ct. 1518 (2018)
Supreme Court | Fourth AmendmentWhether a driver can challenge a warrantless search of a rental vehicle under the Fourth Amendment if they are not registered on the car rental contract
hiQ Labs v. LinkedIn Corp. 938 F.3d 985 (9th Cir. 2019)
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether a court can compel a professional networking platform to provide access to users’ profile information to a third-party data mining company
Eichenberger v. ESPN 876 F.3d 979 (9th Cir. 2017)
U.S. Court of Appeals for the Ninth Circuit | StandingWhether ESPN's tracking of video viewing habits of streaming users violates the Video Privacy Protection Act and whether consumers whose VPPA rights have been violated can establish Article III standing to sue in federal court
Smith v. Facebook 745 Fed. Appx. 8 (9th Cir. Dec. 6, 2018)
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether Facebook's tracking of users' visits to medical websites violates California and Federal privacy laws
Carpenter v. United States 138 S. Ct. 2206
Supreme Court | Fourth Amendment, Location PrivacyWhether the Fourth Amendment Permits the Government to Obtain Six Months of Cell Phone Location Records Without a Warrant
Does v. Daleiden 695 Fex. Appx. 265 (9th Cir. 2017)
U.S. Court of Appeals for the Ninth Circuit | Open GovernmentWhether a Court Properly Enjoined Release of Names and Other Identifying Information Under the Washington Public Records Act
Data Protection Commissioner v. Facebook and Schrems [2017] IEHC 545
Irish High Court | International PrivacyWhether transferring data to the United States using "standard contractual clauses" violates the European Charter of Fundamental Rights.
Americans for Prosperity Found. v. Becerra 903 F.3d 1000 (9th Cir. 2018)
U.S. Court of Appeals for the Ninth Circuit | First AmendmentWhether the First Amendment Protects the Privacy of Donors in Charitable Giving
Attias v. Carefirst, Inc 865 F.3d 620 (D.C. Cir. 2017)
U.S. Court of Appeals for the D.C. Circuit | StandingConcerning Whether Victims of Data Breaches Must Suffer Certainly Impending or Actual Concrete Harms (i.e., Damages) In Order to Sue
Packingham v. North Carolina 137 S. Ct. 1730 (2017)
Supreme Court | First AmendmentWhether a State Can Ban Registered Sex Offenders From Accessing Internet News Sites
Marquis v. Google SJC 12103
Massachusetts Supreme Judicial Court | WiretappingWhether Google's interception of e-mail is a violation of the MA Wiretap Act
Documents
EPIC's Amicus Brief
October 24, 2016
Gubala v. Time Warner Cable 846 F.3d 909 (7th Cir. 2017)
U.S. Court of Appeals for the Seventh Circuit | StandingWhether consumers can sue for violations of the Cable Communications Policy Act
Cahen v. Toyota Motor Corporation 2017 WL 6525501 (9th Cir. Dec. 21, 2017)
U.S. Court of Appeals for the Ninth Circuit | StandingWhether drivers can sue for privacy and security vulnerabilities in connected cars
Perry v. CNN 854 F.3d 1336 (11th Cir. 2017)
U.S. Court of Appeals for the Eleventh Circuit | Video Privacy Protection ActWhether sharing the MAC address and video viewing history collected from a free mobile app violates the Video Privacy Protection Act
In re SuperValu Customer Data Security Breach Litigation 870 F.3d 763 (8th Cir. 2017)
U.S. Court of Appeals for the Eighth Circuit | StandingConcerning Whether Victims of Data Breaches Must Suffer Certainly Impending or Actual Concrete Harms (i.e., Damages) In Order to Sue
Veasey v. Abbott 830 F.3d 126 (5th Cir. 2016)
U.S. Court of Appeals for the Fifth Circuit | Voter IDConcerning the Legality of the Texas Voter Photo Identification Law
Storm v. Paytime, Inc. No. 15-3690
U.S. Court of Appeals for the Third Circuit | StandingConcerning Whether Victims of Data Breaches Must Suffer Identity Theft or Financial Fraud In Order to Sue
Documents
EPIC's Amicus Brief
April 18, 2016
Liberty v. GCHQ App No. 24960/15
European Court of Human Rights | International PrivacyConcerning Whether Alleged Surveillance Activities by MI5, MI6, and GCHQ Violated Article 8 of the European Convention of Human Rights
Documents
EPIC's Amicus Brief
March 18, 2016
Apple v. FBI CM 16-10 (SP)
Central District of California | Fourth AmendmentConcerning an Order Requiring Apple to Create Custom Software to Assist the FBI in Hacking a Seized iPhone
Documents
EPIC's Amicus Brief
March 3, 2016
Smith v. LexisNexis Screening Solutions 837 F.3d 604 (6th Cir. 2016)
U.S. Court of Appeals for the Sixth Circuit | Consumer PrivacyConcerning the Standard of Care for Data Brokers Providing Employment Background Checks
Utah v. Strieff 136 S. Ct. 2056 (2016)
Supreme Court | Fourth AmendmentConcerning Whether An Outstanding Arrest Warrant Attenuates the Taint of an Unlawful Detention
ACA International v. FCC 885 F.3d 687 (D.C. Cir. 2018)
U.S. Court of Appeals for the D.C. Circuit | Telephone Record PrivacyConcerning the Federal Communication Commission's 2015 Order Interpreting of the Telephone Consumer Protection Act
Commonwealth v. White 475 Mass. 583 (2016)
Massachusetts Supreme Judicial Court | Fourth AmendmentWhether schools may turn over to the police a student's cell phone without a warrant
Spokeo, Inc v. Robins 136 S. Ct. 1540 (2016)
Supreme Court | StandingWhether courts have jurisdiction to review cases brought by individuals based on violations of their federal privacy rights
United States v. Ganias 824 F.3d 199 (2d Cir. 2016)
U.S. Court of Appeals for the Second Circuit | Fourth AmendmentWhether the Government violated the Fourth Amendment when they retained non-pertinent files for more than two years after the files were seized in an unrelated investigation
In re Nickelodeon 827 F.3d 262 (3d Cir. 2016)
U.S. Court of Appeals for the Third Circuit | Video Privacy Protection ActWhether the Video Privacy Protection Act protects from disclosure personal information collected by the Nick.com website
City of Los Angeles v. Patel 135 S. Ct. 2443 (2015)
Supreme Court | Fourth AmendmentWhether a city ordinance authorizing warrantless and suspicionless searches of hotel guest registries violates the Fourth Amendment
FTC v. Wyndham 799 F.3d 236 (3d Cir. 2015)
U.S. Court of Appeals for the Third Circuit | Consumer PrivacyWhether the FTC can enforce data security standards under its Section 5 "unfairness" authority
State v. Davis 360 P.3d 1161 (N.M. 2015)
New Mexico Supreme Court | Fourth AmendmentWhether aerial surveillance within the super adjacent space surrounding a dependant's home is a search under the Fourth Amendment and the New Mexico Constitution
Smith v. Obama 9th Cir. ___
U.S. Court of Appeals for the Ninth Circuit | Government SurveillanceWhether the ongoing collection of all telephone call records of all Americans violates the Fourth Amendment
Documents
EPIC's Amicus Brief
September 9, 2014
McDonough v. Anoka County 799 F.3d 931 (8th Cir. 2015)
U.S. Court of Appeals for the Eighth Circuit | Drivers Privacy Protection ActWhether the statute of limitations under the DPPA accrues based on when the violation occurs or when it is discovered
In re National Security Letter 9th Cir. ___
U.S. Court of Appeals for the Ninth Circuit | First AmendmentWhether the nondisclosure provision in the National Security Letter statute violates the First Amendment
Documents
EPIC's Amicus Brief
March 31, 2014
Riley v. California 134 S. Ct. 2473 (2014)
Supreme Court | Fourth AmendmentWhether a warrantless search of a cell phone during an arrest violates the Fourth Amendment
Fraley v. Facebook 638 Fed. Appx. 594 (9th Cir. 2016)
U.S. Court of Appeals for the Ninth Circuit | Consumer PrivacyWhether Facebook's proposed settlement of privacy claims arising from "Sponsored Stories" advertisements is fair and sufficient for class members
Maryland v. King 569 U.S. 435 (2013)
Supreme Court | Fourth AmendmentConcerning the Constitutionality of Mandatory DNA Collection Pre-Conviction
New York Times v. DOJ 752 F.3d 123 (2d Cir. 2014)
U.S. Court of Appeals for the Second Circuit | Freedom of Information ActWhether FOIA Deliberative Process Privilege Exemption Applies to Final DOJ-OLC Opinions
Jennings v. Broome 569 U.S. 918 (2013)
Supreme Court | Electronic Communications Privacy ActConcerning the Scope of Protections for Stored E-mail Under the Electronic Communications Privacy Act
McBurney v. Young 569 U.S. 221 (2013)
Supreme Court | Freedom of Information ActConcerning the Constitutionality of State FOI Disclosure Restrictions for Non-Residents
Documents
EPIC's Amicus Brief
January 1, 2013
Court Opinion
April 29, 2013
Brief for Amici Curiae CREW, EPIC, et al in Support of Petitioners (cert stage)
Maracich v. Spears 570 U.S. 48 (2013)
Supreme Court | Drivers Privacy Protection ActConcerning the Scope of the 'Litigation' Exception to the Drivers' Privacy Protection Act
Clapper v. Amnesty Int'l USA 568 U.S. 398 (2013)
Supreme Court | StandingConcerning the Standing of Public Interest Organizations, Journalists, and Lawyers to Challenge the Constitutionality of the FISA Amendments Act of 2008
Florida v. Harris 568 U.S. 237 (2013)
Supreme Court | Fourth AmendmentWhether an investigative technique that law enforcement asserts reliably identifies the presence of contraband is sufficient to satisfy the probable cause requirement of the Fourth Amendment and thereby allows routine warrantless searches.
CREW v. FEC 711 F.3d 180 (D.C. Cir. 2013)
U.S. Court of Appeals for the D.C. Circuit | Freedom of Information ActWhat constitutes an adequate FOIA determination such that a FOIA requester who has not received such a determination from an agency within FOIA's time limits may file suit
Gordon v. Softech Int'l Inc. 726 F.3d 42 (2d Cir. 2013)
U.S. Court of Appeals for the Second Circuit | Drivers Privacy Protection ActConcerning Reseller Liability for an Alleged But Undisclosed Impermissible Use of Driver Information Under the DPPA
United States v. Hamilton 701 F.3d 404 (4th Cir. 2012)
U.S. Court of Appeals for the Fourth Circuit | Workplace PrivacyConcerning the Reasonable Expectation of Privacy in Personal E-Mails Stored on a Work Computer
Ben Joffe v. Google 746 F.3d 920 (9th Cir. 2013)
U.S. Court of Appeals for the Ninth Circuit | Electronic Communications Privacy ActConcerning Google's Civil Liability Under The Wiretap Act For Interception of Wi-Fi Payload Data
State v. Earls 70 A.3d 630 (2013)
New Jersey Supreme Court | Location PrivacyWhether the government can constitutionally obtain and use locational information from a defendant's cell phone provider to track a suspect's location without a warrant under the Fourth Amendment
In re US Application for CSLI 724 F.3d 600 (5th Cir. 2013)
U.S. Court of Appeals for the Fifth Circuit | Location PrivacyConcerning the Constitutionality of the Government's Request for Historical "Cell-Site Location Information" Under Section 2703(d) of the Stored Communications Act
First American v. Edwards 567 U.S. 756 (2012)
Supreme Court | StandingConcerning Standing and Liquidated Damages for Federal Statutory Rights
FAA v. Cooper 566 U.S. 284 (2012)
Supreme Court | Privacy ActConcerning Emotional Injury as Harm Under the Privacy Act
United States v. Jones 565 U.S. 400 (2012)
Supreme Court | Fourth AmendmentConcerning Warrantless GPS Installation and Tracking Under the Fourth Amendment
United States v. Pool 09-10303
U.S. Court of Appeals for the Ninth Circuit | Biometric PrivacyConcerning the Constitutionality of Mandatory DNA Collection
Documents
EPIC's Amicus Brief
July 25, 2011
Chicago Tribune v. Univ. of Illinois 680 F.3d 1001 (7th Cir. 2012)
U.S. Court of Appeals for the Seventh Circuit | FERPAConcerning the Privacy of Education Records Under FERPA
Doe v. Luzerne County 660 F.3d 169 (3rd Cir. 2011)
U.S. Court of Appeals for the Third Circuit | Informational PrivacyConcerning the right of public employees to remain free from surreptitious video surveillance while undressed as they shower at their workplace
In re Google Street View 794 F. Supp. 2d 1067 (N.D. Ca. 2011)
Northern District of CA | Electronic Communications Privacy ActConcerning Google's Civil Liability Under The Wiretap Act For Interception of Wi-Fi Payload Data
Sorrell v. IMS Health 564 U.S. 552 (2011)
Supreme Court | Medical Record privacyConcerning the Use of Prescriber-Identifiable Data for Targeted Marketing
Tolentino v. New York 563 U.S. 123 (2011)
Supreme Court | Fourth AmendmentConcerning Suppression of Evidence Accessed After an Illegal Police Search
FCC v. AT&T 562 U.S. 397 (2011)
Supreme Court | Freedom of Information ActDoes FOIA give corporations the same personal privacy rights as natural born people?
NASA v. Nelson 562 U.S. 134 (2011)
Supreme Court | Informational PrivacyConcerning Informational Privacy for Federal Contract Employees
G.D. v. Kenny 15 A.3d 300 NJ 275
New Jersey Supreme Court | ExpungementConcerning preserving the value of expungement
Doe v. Reed 561 U.S. 186 (2010)
Supreme Court | First AmendmentConcerning the Compelled Disclosure of Petition Signatures
SEC v. Galleon 622 F.3d 159 (2d Cir. 2010)
U.S. Court of Appeals for the Second Circuit | WiretappingWhether an individual is required to turn over more than 18,000 wiretapped conversations acquired by the government in a criminal case when the Securities and Exchange Commission (SEC) compels the disclosure of such material in a separate but related civil case
City of Ontario v. Quon 560 U. S. 746 (2010)
Supreme Court | Fourth AmendmentConcerning Text Messaging Privacy in the Workplace
Harris v. Blockbuster 622 F.Supp.2d 396
U.S. Court of Appeals for the Fifth Circuit | Video Privacy Protection ActConcerning the Substitution of Privacy Rights by Arbitration
Documents
EPIC's Amicus Brief
November 3, 2009
Ostergren v. Cuccinelli 615 F.3d 263 (4th Cir. 2010)
U.S. Court of Appeals for the Fourth Circuit | CybersecurityConcerning the Publication of Social Security Numbers
The Authors Guild v. Google 770 F. Supp. 2d 666 (S.D.N.Y. 2011)
Southern District of New York | Internet PrivacyConcerning the Google Books Settlement
Commonwealth v. Connolly 454 Mass. 808 (2009)
Massachusetts Supreme Judicial Court | Fourth AmendmentConcerning GPS Tracking of a Vehicle as a "Search and Seizure"
Flores-Figueroa v. United States 556 U.S. 646 (2009)
Supreme Court | Identity TheftConcerning Proper Application of the Identity Theft Penalty Enhancement Act
Bunnell v. MPAA 567 F.Supp.2d 1148 (2008)
U.S. Court of Appeals for the Ninth Circuit | Electronic Communications Privacy ActWhether the Wiretap Act protects e-mail messages in circumstances when the messages are briefly stored while they pass through mail servers.
Documents
EPIC's Amicus Brief
August 1, 2008
Herring v. United States 555 U.S. 135 (2009)
Supreme Court | Database errorsConcerning a Faulty Arrest Based on Incorrect Information in a Government Database
NCTA v. FCC 555 F.3d 996 (D.C. Cir. 2009)
U.S. Court of Appeals for the D.C. Circuit | Consumer PrivacyConcerning Privacy of Customer Proprietary Network Information (CPNI)
Crawford v. Marion County 553 U.S. 181 (2008)
Supreme Court | Voter IDConcerning Photo Identification Requirements for Voters
IMS Health v. Ayotte 550 F.3d 42 (1st Cir. 2008)
U.S. Court of Appeals for the First Circuit | Medical Record privacyConcerning the Use of Prescriber-Identifiable Data for Targeted Marketing
New Jersey v. Reid 194 N.J. 386, 954 A.2d 503 (N.J. 2008)
New Jersey Supreme Court | Fourth AmendmentConcerning ISP subscriber privacy
Hepting v. AT&T 633 F. Supp. 2d 949 (N.D. Cal. 2009)
U.S. Court of Appeals for the Ninth Circuit | Government SurveillanceConcerning NSA Warrantless Domestic Spying Program
In re Marriage of [Redacted]
District Court, Colorado | Telephone Record PrivacyTelephone record privacy
Documents
EPIC's Amicus Brief
April 16, 2007
Documents
EPIC's Amicus Brief
June 30, 2006
Peterson v. NTIA 478 F.3d 626 (4th Cir. 2007)
U.S. Court of Appeals for the Fourth Circuit | First AmendmentConcerning Privacy for Domain Name Holders
ACLU v. DOD 05-6286
U.S. Court of Appeals for the Second Circuit | Freedom of Information ActConcerning Freedom of Information Act Exemption 7(F)
Documents
EPIC's Amicus Brief
March 10, 2006
Nelson v. Salem State College 446 Mass. 525 (2006)
Massachusetts Supreme Judicial Court | Workplace PrivacyConcerning employee privacy in the state workplace
Kohler v. Englade 470 F. 3d 1104 (5th Cir. 2006)
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentConcerning DNA Dragnets
Gonzales v. Doe 449 F. 3d 415 (2nd Cir. 2006)
U.S. Court of Appeals for the Second Circuit | First AmendmentConcerning National Security Letters
Forensic Advisors, Inc. v. Matrixx Initiatives, Inc. 907 A.2d 855 (Md. 2006)
Maryland Court of Appeals | First AmendmentConcerning Subscriber List Privacy
United States v. Councilman 385 F.3d 793 (1st Cir. 2004)
U.S. Court of Appeals for the Firsth Circuit | Electronic Communications Privacy ActConcerning whether email can be "intercepted" in violation of federal wiretap law while it is temporarily stored on an email server
American Bankers Association v. Lockyer 541 F.3d 1214 (9th Cir. 2008)
U.S. Court of Appeals for the Ninth Circuit | PreemptionConcerning federal preemption of state privacy laws
Kehoe v. Fidelity Bank 421 F.3d 1209 (11th Cir. 2005)
U.S. Court of Appeals for the Eleventh Circuit | Drivers Privacy Protection ActConcerning the Driver's Privacy Protection Act
Gilmore v. Gonzales 435 F.3d 1125 (9th Cir. 2006)
U.S. Court of Appeals for the Ninth Circuit | Secret LawConcerning Secret Law
United States v. Kincade 379 F.3d 813 (9th Cir. 2004)
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentConcerning DNA collection
Hiibel v. Sixth Judicial Dist. Ct. of Nev., Humbolt County 542 U. S. 177 (2004)
Supreme Court | Fourth AmendmentWhether an individual who has not been arrested may refuse to identify himself to a law enforcement officer
Doe v. Chao 540 U. S. 614 (2004)
Supreme Court | Privacy ActConcerning whether a person should be required to prove actual damages to obtain relief under the Privacy Act
RIAA v. Verizon 351 F.3d 1229 (D.D.C. 2003)
U.S. Court of Appeals for the D.C. Circuit | Internet PrivacyConcerning Copyright Subpoena Privacy
BATF v. Chicago U.S. Cert., 2003
Supreme Court | Freedom of Information ActConcerning the Freedom of Information Act
Documents
EPIC's Amicus Brief
February 5, 2003
United States v. Bach 310 F.3d 1063, 1066 (8th Cir. 2002)
U.S. Court of Appeals for the Eighth Circuit | Fourth AmendmentConcerning service of a warrant by fax
Paramount Pictures v. ReplayTV CV 01-09358 FMC
Central District of California | Consumer PrivacyConcerning Electronic Surveillance of TV Usage
Watchtower Bible v. Stratton 536 U. S. 150 (2002)
Supreme Court | First AmendmentConcerning Anonymity and the First Amendment
US West v. FCC U.S. Cert. 2000
Supreme Court | Right to PrivacyConcerning Telephone Subscriber Privacy
Bernstein v. U.S. Dept of Commerce 97-16686
U.S. Court of Appeals for the Ninth Circuit | First AmendmentConcerning Crypto Export Controls
Reno v. Condon 528 U. S. 141 (2000)
Supreme Court | Drivers Privacy Protection ActConcerning whether the Driver Privacy Protection Act, which prohibits the disclosure of personally identifiable information and motor vehicle records by public agencies and private persons, was an unconstitutional breach of federalism principles.
Junger v. Daley 209 F.3d 481 (6th Cir. 2000)
U.S. Court of Appeals for the Sixth Circuit | First AmendmentConcerning Crypto Export Controls
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