CrayonMaster

Cross posted from: https://midwest.social/post/6593381

Criminal suspects can refuse to provide phone passcodes to police under the US Constitution's Fifth Amendment privilege against self-incrimination, according to a unanimous ruling issued today by Utah's state Supreme Court. The questions addressed in the ruling could eventually be taken up by the US Supreme Court, whether through review of this case or a similar one.

The state argued "that, even if providing a passcode could be considered testimonial, the only meaningful information it would have conveyed here was that Valdez knew the passcode to the phone," the court said. Because police already knew the phone belonged to Valdez and that he would know his own passcode, the state contended that "this information would not convey anything new to law enforcement" and that it thus "triggers the foregone conclusion exception."

There is a difference between communicating a passcode to police and physically providing an unlocked phone to police, the court said. Though these two acts "may be functionally equivalent in many respects, this functional equivalency is not dispositive under current Fifth Amendment jurisprudence," the court said. "We conclude that the act-of-production analytical framework makes sense only where law enforcement compels someone to perform an act to unlock an electronic device."

The FBI investigated a man who allegedly posed as a police officer in emails and phone calls to trick Verizon to hand over phone data belonging to a specific person

Despite the relatively unconvincing cover story concocted by the suspect ... Verizon handed over the victim’s data to the alleged stalker, including their address and phone logs. The stalker then went on to threaten the victim and ended up driving to where he believed the victim lived while armed with a knife

Version Security Assistance Team–Court Order Compliance Team (or VSAT CCT) received an email from steven1966c@proton.me.“Here is the pdf file for search warrant,” Glauner, allegedly pretending to be a police detective, wrote in the email. “We are in need if the this [sic] cell phone data as soon as possible to locate and apprehend this suspect. We also need the full name of this Verizon subscriber and the new phone number that has been assigned to her. Thank you.”

Verizon is not the only telecom that has failed to properly verify requests like this. In a somewhat similar case, I spoke to a victim who was stalked after someone posing as a U.S. Marshal tricked T-Mobile into handing over her phone’s location data.

A judge rejected John Deere’s motion to dismiss a landmark class action lawsuit over the agricultural giant’s repair monopolies, paving the way for a trial that will determine whether the company’s repair practices are illegal At issue are the many tactics Deere has used to make it more difficult and often impossible for farmers to repair their own tractors, from software locks and “parts pairing” that prevent farmers from replacing parts without the authorization of a Deere dealership "Deere—by itself or through its agents—repeatedly made public statements that purchasers could make repairs to their own Tractors but the reality was that they couldn’t,” Johnson wrote.

A federal court on Thursday blocked Montana’s effort to ban TikTok from the state, ruling that the law violated users’ First Amendment rights to speak and to access information online, and the company’s First Amendment rights to select and curate users’ content.

“Ultimately, if Montana’s interest in consumer protection and protecting minors is to be carried out through legislation, the method sought to achieve those ends here was not narrowly tailored,” the court wrote.

The court’s decision this week joins a growing list of cases in which judges have halted state laws that unconstitutionally burden internet users’ First Amendment rights in the name of consumer privacy or child protection.

The recommendation — which is among the 46 outlined in a new report by the Chicago-based firm 21st Century Policing Solutions (21CP) — reinforces numerous calls from social justice groups

Changes made to state law prohibit the city from creating an investigatory review board

Des Moines City Council members have been split on whether they favor setting up a review board. During the recent mayor and council campaign, Mayor-elect Connie Boesen and councilmembers Josh Mandelbaum and Carl Voss expressed support; councilmembers Joe Gatto and Linda Westergaard and councilmember-elect Chris Coleman voiced opposition.

21CP Solutions' 76-page report also pointed out the department's need to diversify its staff and strengthen its relationships with the city's immigrant communities

21CP Solutions also encouraged the department to partner with university researchers to better track and analyze the calls made to the Mobile Health Crisis Team or Crisis Advocacy Response Effort program, which allows a mental health practitioner to respond to some calls with police

The report, also available through the link

ETA: It has been brought to my attention that San Jose is not, in fact, a neighborhood in LA. Sorry, I'm from Iowa.

"Unless your data is fully encrypted or stored locally by you, the government often can get it from a communications or computing company.

Traditionally, that required a court order. But increasingly, the government just buys it from data brokers who bought it from the adtech industry."

"this corporate-government surveillance partnership has mostly evaded judicial review."

"Police can also track people whose devices have been inside an immigration attorney’s office, a reproductive health clinic, or a mental health facility"

"The Fourth Amendment is Not For Sale Act is bipartisan, commonsense law that would ban the U.S. government from purchasing data it would otherwise need a warrant to acquire. Moreover, with the invasive surveillance law Section 702 of the Foreign Intelligence Surveillance Act set to expire in December 2023, Congress has a chance to include a databroker limits in any bill that seeks to renew it."

Network neutrality is the idea that internet service providers (ISPs) should treat all data that travels over their networks fairly, without discrimination in favor of particular apps, sites or services

The FCC will meet on October 19th to vote on proposing Title II reclassification that would support accompanying net neutrality protections

Network neutrality is the idea that internet service providers (ISPs) should treat all data that travels over their networks fairly, without discrimination in favor of particular apps, sites or services

The FCC will meet on October 19th to vote on proposing Title II reclassification that would support accompanying net neutrality protections