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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 Act

Whether Royal Seas Cruises is vicariously liable for illegal robocalls made on its behalf using bad leads from an online lead generator.


Sanchez v. LA Dep't of Transportation No. 21-55285
U.S. Court of Appeals for the Ninth Circuit | Fourth Amendment

Whether compelled disclosure of detailed location information on individual e-scooter trips violates the Fourth Amendment


United States v. Morton No. 19-10842
U.S. Court of Appeals for the Fifth Circuit | Fourth Amendment

Whether 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.


Cothron v. White Castle No. 20-3202
U.S. Court of Appeals for the Seventh Circuit | Biometric Privacy

Whether 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").


Alabama v. Department of Commerce No. 21-211
U.S. District Court for the Middle District of Alabama | Census

Whether 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


TransUnion v. Ramirez No. 20-297
Supreme Court | Standing

Whether 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 Amendment

Whether 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 Act

Whether 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 Privacy

Whether 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 Amendment

Whether 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 Privacy

Whether 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 Act

Whether 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 Amendment

Whether 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 Act

Whether 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 Act

Whether 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 Privacy

Whether 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 Amendment

Whether the border search exception to the Fourth Amendment warrant requirement should be extended to cell phones


LinkedIn v. hiQ Labs No. 19-1116
Supreme Court | Consumer Privacy

Whether 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 Security

Whether 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.


Trump v. Vance No. 19-635
Supreme Court | Trump Taxes

Whether 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 Act

Whether 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 Privacy

Whether 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 Information

Whether 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 Amendment

Whether 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 Amendment

Whether 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 Act

Whether 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 Privacy

Whether 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 Security

Whether 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 Amendment

Whether 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 | Census

Whether 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 Amendment

Whether 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 Act

Concerning 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 Act

Whether 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 | Standing

Whether 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 Act

Whether 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 | Census

Whether 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 Amendment

Whether 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 Privacy

Whether 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 Privacy

Whether 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 Privacy

Whether 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 privacy

Whether § 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 Privacy

Whether 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 Amendment

Whether 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 Privacy

Whether 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 Act

Whether 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 | Wiretapping

Whether 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 Privacy

Whether 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 Amendment

Whether 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 Privacy

Whether 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 | Standing

Whether 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 Privacy

Whether 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 Privacy

Whether 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 Government

Whether 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 Privacy

Whether 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 Amendment

Whether 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 | Standing

Concerning 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 Amendment

Whether a State Can Ban Registered Sex Offenders From Accessing Internet News Sites


Marquis v. Google SJC 12103
Massachusetts Supreme Judicial Court | Wiretapping

Whether Google's interception of e-mail is a violation of the MA Wiretap Act


Gubala v. Time Warner Cable 846 F.3d 909 (7th Cir. 2017)
U.S. Court of Appeals for the Seventh Circuit | Standing

Whether 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 | Standing

Whether 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 Act

Whether 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 | Standing

Concerning 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 ID

Concerning 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 | Standing

Concerning Whether Victims of Data Breaches Must Suffer Identity Theft or Financial Fraud In Order to Sue


Liberty v. GCHQ App No. 24960/15
European Court of Human Rights | International Privacy

Concerning Whether Alleged Surveillance Activities by MI5, MI6, and GCHQ Violated Article 8 of the European Convention of Human Rights


Apple v. FBI CM 16-10 (SP)
Central District of California | Fourth Amendment

Concerning an Order Requiring Apple to Create Custom Software to Assist the FBI in Hacking a Seized iPhone


Smith v. LexisNexis Screening Solutions 837 F.3d 604 (6th Cir. 2016)
U.S. Court of Appeals for the Sixth Circuit | Consumer Privacy

Concerning the Standard of Care for Data Brokers Providing Employment Background Checks


Utah v. Strieff 136 S. Ct. 2056 (2016)
Supreme Court | Fourth Amendment

Concerning 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 Privacy

Concerning 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 Amendment

Whether 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 | Standing

Whether 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 Amendment

Whether 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 Act

Whether 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 Amendment

Whether 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 Privacy

Whether 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 Amendment

Whether 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 Surveillance

Whether the ongoing collection of all telephone call records of all Americans violates the Fourth Amendment


McDonough v. Anoka County 799 F.3d 931 (8th Cir. 2015)
U.S. Court of Appeals for the Eighth Circuit | Drivers Privacy Protection Act

Whether 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 Amendment

Whether the nondisclosure provision in the National Security Letter statute violates the First Amendment


Riley v. California 134 S. Ct. 2473 (2014)
Supreme Court | Fourth Amendment

Whether 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 Privacy

Whether 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 Amendment

Concerning 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 Act

Whether FOIA Deliberative Process Privilege Exemption Applies to Final DOJ-OLC Opinions


Jennings v. Broome 569 U.S. 918 (2013)
Supreme Court | Electronic Communications Privacy Act

Concerning 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 Act

Concerning the Constitutionality of State FOI Disclosure Restrictions for Non-Residents


Maracich v. Spears 570 U.S. 48 (2013)
Supreme Court | Drivers Privacy Protection Act

Concerning 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 | Standing

Concerning 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 Amendment

Whether 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 Act

What 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 Act

Concerning 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 Privacy

Concerning 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 Act

Concerning 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 Privacy

Whether 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 Privacy

Concerning 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 | Standing

Concerning Standing and Liquidated Damages for Federal Statutory Rights


FAA v. Cooper 566 U.S. 284 (2012)
Supreme Court | Privacy Act

Concerning Emotional Injury as Harm Under the Privacy Act


United States v. Jones 565 U.S. 400 (2012)
Supreme Court | Fourth Amendment

Concerning 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 Privacy

Concerning the Constitutionality of Mandatory DNA Collection


Chicago Tribune v. Univ. of Illinois 680 F.3d 1001 (7th Cir. 2012)
U.S. Court of Appeals for the Seventh Circuit | FERPA

Concerning 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 Privacy

Concerning 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 Act

Concerning 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 privacy

Concerning the Use of Prescriber-Identifiable Data for Targeted Marketing


Tolentino v. New York 563 U.S. 123 (2011)
Supreme Court | Fourth Amendment

Concerning Suppression of Evidence Accessed After an Illegal Police Search


FCC v. AT&T 562 U.S. 397 (2011)
Supreme Court | Freedom of Information Act

Does FOIA give corporations the same personal privacy rights as natural born people?


NASA v. Nelson 562 U.S. 134 (2011)
Supreme Court | Informational Privacy

Concerning Informational Privacy for Federal Contract Employees


G.D. v. Kenny 15 A.3d 300 NJ 275
New Jersey Supreme Court | Expungement

Concerning preserving the value of expungement


Doe v. Reed 561 U.S. 186 (2010)
Supreme Court | First Amendment

Concerning 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 | Wiretapping

Whether 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 Amendment

Concerning 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 Act

Concerning the Substitution of Privacy Rights by Arbitration


Ostergren v. Cuccinelli 615 F.3d 263 (4th Cir. 2010)
U.S. Court of Appeals for the Fourth Circuit | Cybersecurity

Concerning 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 Privacy

Concerning the Google Books Settlement


Commonwealth v. Connolly 454 Mass. 808 (2009)
Massachusetts Supreme Judicial Court | Fourth Amendment

Concerning GPS Tracking of a Vehicle as a "Search and Seizure"


Flores-Figueroa v. United States 556 U.S. 646 (2009)
Supreme Court | Identity Theft

Concerning 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 Act

Whether the Wiretap Act protects e-mail messages in circumstances when the messages are briefly stored while they pass through mail servers.


Herring v. United States 555 U.S. 135 (2009)
Supreme Court | Database errors

Concerning 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 Privacy

Concerning Privacy of Customer Proprietary Network Information (CPNI)


Crawford v. Marion County 553 U.S. 181 (2008)
Supreme Court | Voter ID

Concerning 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 privacy

Concerning 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 Amendment

Concerning 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 Surveillance

Concerning NSA Warrantless Domestic Spying Program


In re Marriage of [Redacted]
District Court, Colorado | Telephone Record Privacy

Telephone record privacy


Johnson v. Quander U.S. Cert., 2006
Supreme Court | Fourth Amendment

Concerning DNA collection


Peterson v. NTIA 478 F.3d 626 (4th Cir. 2007)
U.S. Court of Appeals for the Fourth Circuit | First Amendment

Concerning Privacy for Domain Name Holders


ACLU v. DOD 05-6286
U.S. Court of Appeals for the Second Circuit | Freedom of Information Act

Concerning Freedom of Information Act Exemption 7(F)


Nelson v. Salem State College 446 Mass. 525 (2006)
Massachusetts Supreme Judicial Court | Workplace Privacy

Concerning 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 Amendment

Concerning DNA Dragnets


Gonzales v. Doe 449 F. 3d 415 (2nd Cir. 2006)
U.S. Court of Appeals for the Second Circuit | First Amendment

Concerning National Security Letters


Forensic Advisors, Inc. v. Matrixx Initiatives, Inc. 907 A.2d 855 (Md. 2006)
Maryland Court of Appeals | First Amendment

Concerning 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 Act

Concerning 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 | Preemption

Concerning 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 Act

Concerning 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 Law

Concerning Secret Law


United States v. Kincade 379 F.3d 813 (9th Cir. 2004)
U.S. Court of Appeals for the Ninth Circuit | Fourth Amendment

Concerning DNA collection


Hiibel v. Sixth Judicial Dist. Ct. of Nev., Humbolt County 542 U. S. 177 (2004)
Supreme Court | Fourth Amendment

Whether 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 Act

Concerning 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 Privacy

Concerning Copyright Subpoena Privacy


BATF v. Chicago U.S. Cert., 2003
Supreme Court | Freedom of Information Act

Concerning the Freedom of Information Act


In re Sealed Case 310 F.3d 717 (2002)
FISC | FISA


Smith v. Doe 538 U.S. 84 (2003)
Supreme Court | Informational Privacy

Concerning Megan's Law


United States v. Bach 310 F.3d 1063, 1066 (8th Cir. 2002)
U.S. Court of Appeals for the Eighth Circuit | Fourth Amendment

Concerning service of a warrant by fax


Remsburg v. Docusearch 149 NH 148 (2003)
New Hampshire Supreme Court | Pretexting


Paramount Pictures v. ReplayTV CV 01-09358 FMC
Central District of California | Consumer Privacy

Concerning Electronic Surveillance of TV Usage


Watchtower Bible v. Stratton 536 U. S. 150 (2002)
Supreme Court | First Amendment

Concerning Anonymity and the First Amendment


US West v. FCC U.S. Cert. 2000
Supreme Court | Right to Privacy

Concerning Telephone Subscriber Privacy


Bernstein v. U.S. Dept of Commerce 97-16686
U.S. Court of Appeals for the Ninth Circuit | First Amendment

Concerning Crypto Export Controls


Reno v. Condon 528 U. S. 141 (2000)
Supreme Court | Drivers Privacy Protection Act

Concerning 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 Amendment

Concerning Crypto Export Controls