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Friday, February 01, 2013

EFF Filed Amicus Brief on Standing of Passengers to Challenge GPS Data

I am pleased to join the PrawfsBlawg for the month of February.  I will be posting primarily on the area of Cybercrime.  Any suggestions, comments and feedback are welcome.

The Electronic Frontier Foundation (EFF) filed an amicus brief in Massachusetts arguing that passengers should be given standing to challenge the use of GPS data acquired from devices on vehicles. The article can be found here.  It links directly to the amicus brief itself.

Posted by Michelle Zakarin on February 1, 2013 at 04:52 PM | Permalink


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Wouldn't this post be infinitely more interesting and informative, not to mention worthwhile, if you explained the EFF's argument for passenger standing, and perhaps even your take on it? Then, your post would be more bloggy-like, no?

Posted by: shg | Feb 1, 2013 5:29:18 PM

Doesn't the passenger's standing hinge on which theory you use to say that the use of the GPS is a search? If it's a trespass theory, then Jones suggests you use a property approach to standing; if it's the traditional Katz analysis, then presumably you use Rakas v. Illinois; and if it's a mosaic theory, then you invent a new standard from scratch. Or so it seems to me.

Posted by: Orin Kerr | Feb 1, 2013 8:38:29 PM

Oh, and I should add, welcome to Prawfs: I'm looking forward to your blogging. And please excuse shg's manners. :-)

Posted by: Orin Kerr | Feb 1, 2013 8:40:34 PM

Somebody had to say it, Orin. And I have no manners. It's an occupational hazard.

Posted by: shg | Feb 1, 2013 10:23:44 PM

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