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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.

Search results for: Supreme Court

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.


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.


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


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.


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


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.


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


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


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.


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


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


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


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


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


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


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


Maryland v. King 569 U.S. 435 (2013)
Supreme Court | Fourth Amendment

Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction


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.


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


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


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

Concerning the Compelled Disclosure of Petition Signatures


City of Ontario v. Quon 560 U. S. 746 (2010)
Supreme Court | Fourth Amendment

Concerning Text Messaging Privacy in the Workplace


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

Concerning Proper Application of the Identity Theft Penalty Enhancement Act


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


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

Concerning Photo Identification Requirements for Voters


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


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

Concerning the Freedom of Information Act


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

Concerning Megan's Law


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


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.