Archives: Surveillance

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District of Massachusetts Holds that Suspicionless Searches of Travelers’ Electronic Devices at U.S. Ports of Entry Violates the Fourth Amendment

Last week, in Alasaad v. McAleenan, the U.S. District Court for the District of Massachusetts ruled that the Fourth Amendment requires reasonable suspicion that a traveler is carrying contraband in order to search a traveler’s smartphone or laptop at airports and other U.S. ports of entry.  Judge Denise J. Casper’s decision relied on Riley v. … Continue Reading

AI/IoT Update: UK’s Information Commissioner Issues Opinion on Use of Live Facial Recognition Technology by Police Forces

On October 31, 2019, Elizabeth Denham, the UK’s Information Commissioner issued an Opinion and an accompanying blog urging police forces to slow down adoption of live facial recognition technology and take steps to justify its use.  The Commissioner calls on the UK government to introduce a statutory binding code of practice on the use of … Continue Reading

UK Court upholds police use of automated facial recognition technology

R (on the application of Edward Bridges) v The Chief Constable of South Wales [2019] EWHC 2341 (Admin) Case Note Introduction In Bridges, an application for judicial review, the UK High Court (Lord Justice Haddon-Cave and Mr. Justice Swift) considered the lawfulness of policing operations conducted by the South Wales Police force (“SWP”) which utilised … Continue Reading

Coercive and Non-Coercive Surveillance Authorities

When the U.S. government conducts electronic surveillance, there are a variety of legal authorities on which it relies.  The Wiretap Act, for example, authorizes the government to conduct live telephone wiretaps in certain criminal investigations; for electronic data, the Act also permits the government to acquire electronic communications in real time.  The Stored Communications Act … Continue Reading