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Fifth Circuit rules geofence warrants violate Fourth Amendment

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Alan Butler Executive Director and President | Official website

The Fifth Circuit Court of Appeals recently issued a significant ruling in the case of U.S. v. Jamarr Smith, determining that geofence warrants are "categorically prohibited by the Fourth Amendment." Geofence warrants require companies like Google to provide data on every device within a specific geographical area over a set period. These warrants have been contentious, with privacy experts arguing they constitute dragnet searches that infringe on the privacy of many innocent individuals. Conversely, supporters believe they are essential for solving crimes in today's digital age.

Alan Butler, executive director of the Electronic Privacy Information Center (EPIC) in Washington, DC, commented on this development. EPIC has been actively involved in legal efforts to enhance data protection standards and safeguard individual rights against expanding surveillance capabilities. Butler also serves as Chair of the Privacy and Information Protection Committee of the American Bar Association Section on Civil Rights and Social Justice. He has contributed to significant privacy cases, including authoring an amicus brief in Riley v. California, which was cited in the Supreme Court's unanimous decision declaring warrantless searches and seizures of cell phone content during arrests unconstitutional.

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