Privacy & Technology
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
Status: Closed (Judgment)
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U.S. Supreme Court
Jun 2018
Privacy & Technology
Carpenter v. United States
The Supreme Court ruled that the government needs a warrant to access a person’s cellphone location history. The court found in a 5 to 4 decision that obtaining such information is a search under the Fourth Amendment and that a warrant from a judge based on probable cause is required.
Court Case
Dec 2016
Privacy & Technology
Sarkar v. Doe - PubPeer Subpoena Challenge
The ACLU filed a motion in Michigan state court challenging the constitutionality of a subpoena issued to the website PubPeer demanding that it turn over the identities of anonymous commenters. In March 2015, the trial judge ruled that PubPeer had to unmask one – but only one – of the commenters. Both PubPeer and the researcher appealed, and the ruling was upheld in December 2016.
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70 Privacy & Technology Cases
Michigan Supreme Court
Sep 2023
Privacy & Technology
National Security
Long Lake Township v. Maxon
On September 8, 2023, the ACLU, the ACLU of Michigan, and the Mackinac Center for Public Policy filed an amicus brief in the Michigan Supreme Court arguing that the local government deploying an unmanned drone to take aerial photographs of the appellant’s property violated the Fourth Amendment.
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Michigan Supreme Court
Sep 2023
Privacy & Technology
National Security
Long Lake Township v. Maxon
On September 8, 2023, the ACLU, the ACLU of Michigan, and the Mackinac Center for Public Policy filed an amicus brief in the Michigan Supreme Court arguing that the local government deploying an unmanned drone to take aerial photographs of the appellant’s property violated the Fourth Amendment.
U.S. Supreme Court
May 2023
Privacy & Technology
Free Speech
Google v. Gonzalez LLC
The Supreme Court will decide whether social media and other platforms are liable for their users’ posts if they make recommendations or suggestions about what content to access, or whether Section 230 affords them immunity from such claims.
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U.S. Supreme Court
May 2023
Privacy & Technology
Free Speech
Google v. Gonzalez LLC
The Supreme Court will decide whether social media and other platforms are liable for their users’ posts if they make recommendations or suggestions about what content to access, or whether Section 230 affords them immunity from such claims.
U.S. Supreme Court
May 2023
Privacy & Technology
Polselli v. Internal Revenue Service
This case concerns the scope of the IRS’s obligation under a federal law to provide notice to individuals that it is seeking their records from a third party, such as a bank, accountant, or lawyer.
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U.S. Supreme Court
May 2023
Privacy & Technology
Polselli v. Internal Revenue Service
This case concerns the scope of the IRS’s obligation under a federal law to provide notice to individuals that it is seeking their records from a third party, such as a bank, accountant, or lawyer.
Court Case
May 2023
Privacy & Technology
National Security
The Warrant Clause in the Digital Age
The information generated by today’s digital devices and online services reveals private matters far beyond what one could learn from physical analogs. In a series of legal filings and a white paper, available below, the ACLU has argued that to keep apace with technological developments and adequately protect our privacy, the Fourth Amendment's warrant requirement must be interpreted robustly. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral magistrate.
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Court Case
May 2023
Privacy & Technology
National Security
The Warrant Clause in the Digital Age
The information generated by today’s digital devices and online services reveals private matters far beyond what one could learn from physical analogs. In a series of legal filings and a white paper, available below, the ACLU has argued that to keep apace with technological developments and adequately protect our privacy, the Fourth Amendment's warrant requirement must be interpreted robustly. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral magistrate.
Court Case
Apr 2023
Privacy & Technology
National Security
ACLU v. FBI - FOIA Case for FBI Records Related to Nondisclosure Agreements for Cell Site Simulators
In 2021, the ACLU submitted a FOIA request to the FBI to determine whether the FBI has continued to require state and local law enforcement agencies to enter into nondisclosure agreements before purchasing or using cell site simulators. After appealing and suing, the ACLU finally obtained responsive records confirming that the FBI has continued to impose nondisclosure agreements on law enforcement agencies seeking to use the FBI’s cell site simulators.
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Court Case
Apr 2023
Privacy & Technology
National Security
ACLU v. FBI - FOIA Case for FBI Records Related to Nondisclosure Agreements for Cell Site Simulators
In 2021, the ACLU submitted a FOIA request to the FBI to determine whether the FBI has continued to require state and local law enforcement agencies to enter into nondisclosure agreements before purchasing or using cell site simulators. After appealing and suing, the ACLU finally obtained responsive records confirming that the FBI has continued to impose nondisclosure agreements on law enforcement agencies seeking to use the FBI’s cell site simulators.