MA Attorney General v. Facebook SJC-12946

Whether the Attorney General can obtain from Facebook factual information derived from the company's investigation of third parties that improperly accessed user data.

Commonwealth v. Zachery SJC-12952

Whether a person has a reasonable expectation of privacy in information relating to their use of a public transportation card, or in any data that card may contain or generate.

Van Buren v. United States No. 19-783

Whether a police officer "exceeds authorized access" under the Computer Fraud & Abuse Act when they access personal information in a government database for an improper purpose.

U.S. Fish & Wildlife Service v. Sierra Club No. 19-547

Whether Exemption 5 of the Freedom of Information Act allows an agency to withhold documents reflecting the agency's position on another agency's proposed rule when the documents are never formally finalized and the proposed rule is later revised

Smith v. LoanMe No. S260391

Whether the California Invasion of Privacy Act prohibits parties to a call from recording a call without the consent of all parties

Anibowei v. Wolf No. 20-10059

Whether the border search exception to the Fourth Amendment warrant requirement should be extended to cell phones

LinkedIn v. hiQ Labs No. 19-1116

Whether a court can compel an internet company to provide third-party data scrapers access to user data.

Curling v. Raffensperger No. 1:17-cv-02989

Whether ballot-marking devices used in Georgia elections, which allegedly make the ballot preferences of the voter easily viewable by others in the polling place, violate the right to a secret ballot.

Trump v. Vance No. 19-635

Whether the NYC DA’s grand jury subpoena for Trump’s financial records, including his tax records, violates Article II and the Supremacy Clause of the United States Constitution

Barr v. American Association of Political Consultants No. 19-631

Whether the government-debt exception to the robocall ban in the Telephone Consumer Protection Act is unconstitutional and should be severed

United States v. Facebook No. 19-2184

Whether the proposed settlement between the FTC and Facebook for violations of the 2011 Consent Order does not serve the public interest and should be rejected

Georgia v. Public.Resource.Org 18-1150

Whether Georgia can copyright the state's official annotated code, which is the sole authoritative source of state law.

Kansas v. Glover No. 18-556

Whether the Fourth Amendment allows police to stop a car when the only reason police have for the stop is that the car’s registered owner has a suspended license.

State v. Andrews 82209

Whether the compelled production of a cell phone passcode violates the Fifth Amendment privilege against self-incrimination

Gadelhak v. AT&T; Services 19-1738

Whether a telephone dialing or text messaging system that mass dials telephone numbers from a list is an autodialer under the Telephone Consumer Protection Act

Attias v. Carefirst (Carefirst II) 19-7020

Whether victims of a data breach have adequately alleged damages

Curling v. Raffensperger 397 F.Supp.3d 1334

Whether the use of direct recording electronic (DRE) voting systems that do not produce human-readable paper ballots and that have known cybersecurity vulnerabilities violates the constitution

Carr v. Department of Transportation 3 MAP 2019

Whether the First Amendment protects a public employee from being fired for a Facebook post

Department of Commerce v. New York 139 S.Ct. 2551

Whether the Department of Commerce and Census Bureau violated the Administrative Procedure Act when it added a citizenship question to the 2020 Census

United States v. Wilson 18-50440

Whether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images

Food Marketing Institute v. Argus Leader Media 139 S.Ct. 2356

Concerning the withholding of “confidential” information requested under the Freedom of Information Act

PDR Network v. Carlton & Harris Chiropractic 139 S.Ct. 2051

Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act

Patel v. Facebook 932 F.3d 1264

Whether collection of an individual's biometric data in violation of the Illinois Biometric Information Privacy Act is sufficient to establish Article III standing

Gallion v. Charter Communications 772 Fed.Appx. 604

Whether the Telephone Consumer Protection Act ban on unsolicited calls to mobile phones using an autodialer or prerecorded voice message is constitutional under the First Amendment

New York, et al. v. Department of Commerce, et al. (2020 Census Case) 339 F.Supp.3d 144

Whether the Department of Commerce and Census Bureau violated the Administrative Procedure Act when it added a citizenship question to the 2020 Census

United States v. Miller 18-5578

Whether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images

Frank v. Gaos 139 S.Ct. 1041

Whether a settlement is “fair, reasonable, and adequate” in a consumer privacy case where there is no meaningful change in business practices and no monetary relief is given to class members.

Rosenbach v. Six Flags 2017 IL App (2d) 170317

Whether an individual whose biometric data has been unlawfully collected in violation of the Illinois Biometric Information Privacy Act has a cause of action

In re: Facebook, Inc. Internet Tracking Litigation 17-17486

Whether Facebook violated the privacy rights of users by tracking their web browsing history even after they logged out of the platform

Herrick v. Grindr, LLC 765 Fed.Appx. 586

Whether § 230 of the Communications Decency Act shields Grindr, a dating app, from liability for failing to remove fake profiles that used the Plaintiff’s name and likeness and posed a danger to his personal safety

In re: OPM Data Security Breach Litigation 928 F.3d 42

Whether the government's failure to safeguard sensitive personal data from a breach, and the resulting disclosure of that personal data, violated individuals' constitutional right to informational privacy and caused a cognizable injury under Article III

Jackson, et al v. McCurry, et al 762 Fed. Appx. 919 (11th Cir. 2019)

Whether school administrators may access and search the contents of a student's cell phone without consent

Campbell v. Facebook 17-16873

Whether the lower court erred in approving a proposed class action settlement that allowed Facebook to continue scanning private messages as long as the company posts a notice about the practice in its privacy policy

United States v. Microsoft 138 S. Ct. 1186 (2018)

Whether the Stored Communications Act authorizes warrants for personal data stored outside of the United States

Dahda v. United States 138 S. Ct. 1491 (2018)

Whether cell phone communications collected under an invalid wiretap order should be excluded from evidence pursuant to the Wiretap Act

In re: Google Cookie Placement Settlement 934 F.3d 316 (3d Cir. 2019)

Whether the lower court erred in approving a proposed class action settlement in the Google "cookie placement" litigation that did not provide direct relief to class members and would distribute funds to groups with prior connections to Google and class counsel.

Byrd v. United States 138 S. Ct. 1518 (2018)

Whether a driver can challenge a warrantless search of a rental vehicle under the Fourth Amendment if they are not registered on the car rental contract

hiQ Labs v. LinkedIn Corp. 938 F.3d 985 (9th Cir. 2019)

Whether a court can compel a professional networking platform to provide access to users’ profile information to a third-party data mining company

Eichenberger v. ESPN 876 F.3d 979 (9th Cir. 2017)

Whether ESPN's tracking of video viewing habits of streaming users violates the Video Privacy Protection Act and whether consumers whose VPPA rights have been violated can establish Article III standing to sue in federal court

Smith v. Facebook 745 Fed. Appx. 8 (9th Cir. Dec. 6, 2018)

Whether Facebook's tracking of users' visits to medical websites violates California and Federal privacy laws

Carpenter v. United States 138 S. Ct. 2206

Whether the Fourth Amendment Permits the Government to Obtain Six Months of Cell Phone Location Records Without a Warrant

Does v. Daleiden 695 Fex. Appx. 265 (9th Cir. 2017)

Whether a Court Properly Enjoined Release of Names and Other Identifying Information Under the Washington Public Records Act

Data Protection Commissioner v. Facebook and Schrems [2017] IEHC 545

Whether transferring data to the United States using "standard contractual clauses" violates the European Charter of Fundamental Rights.

Americans for Prosperity Found. v. Becerra 903 F.3d 1000 (9th Cir. 2018)

Whether the First Amendment Protects the Privacy of Donors in Charitable Giving

Attias v. Carefirst, Inc 865 F.3d 620 (D.C. Cir. 2017)

Concerning Whether Victims of Data Breaches Must Suffer Certainly Impending or Actual Concrete Harms (i.e., Damages) In Order to Sue

Packingham v. North Carolina 137 S. Ct. 1730 (2017)

Whether a State Can Ban Registered Sex Offenders From Accessing Internet News Sites

Marquis v. Google SJC 12103

Whether Google's interception of e-mail is a violation of the MA Wiretap Act

Gubala v. Time Warner Cable 846 F.3d 909 (7th Cir. 2017)

Whether consumers can sue for violations of the Cable Communications Policy Act

Cahen v. Toyota Motor Corporation 2017 WL 6525501 (9th Cir. Dec. 21, 2017)

Whether drivers can sue for privacy and security vulnerabilities in connected cars

Perry v. CNN 854 F.3d 1336 (11th Cir. 2017)

Whether sharing the MAC address and video viewing history collected from a free mobile app violates the Video Privacy Protection Act

In re SuperValu Customer Data Security Breach Litigation 870 F.3d 763 (8th Cir. 2017)

Concerning Whether Victims of Data Breaches Must Suffer Certainly Impending or Actual Concrete Harms (i.e., Damages) In Order to Sue

Veasey v. Abbott 830 F.3d 126 (5th Cir. 2016)

Concerning the Legality of the Texas Voter Photo Identification Law

Storm v. Paytime, Inc. No. 15-3690

Concerning Whether Victims of Data Breaches Must Suffer Identity Theft or Financial Fraud In Order to Sue

Liberty v. GCHQ App No. 24960/15

Concerning Whether Alleged Surveillance Activities by MI5, MI6, and GCHQ Violated Article 8 of the European Convention of Human Rights

Apple v. FBI CM 16-10 (SP)

Concerning an Order Requiring Apple to Create Custom Software to Assist the FBI in Hacking a Seized iPhone

Smith v. LexisNexis Screening Solutions 837 F.3d 604 (6th Cir. 2016)

Concerning the Standard of Care for Data Brokers Providing Employment Background Checks

Utah v. Strieff 136 S. Ct. 2056 (2016)

Concerning Whether An Outstanding Arrest Warrant Attenuates the Taint of an Unlawful Detention

ACA International v. FCC 885 F.3d 687 (D.C. Cir. 2018)

Concerning the Federal Communication Commission's 2015 Order Interpreting of the Telephone Consumer Protection Act

Commonwealth v. White 475 Mass. 583 (2016)

Whether schools may turn over to the police a student's cell phone without a warrant

Spokeo, Inc v. Robins 136 S. Ct. 1540 (2016)

Whether courts have jurisdiction to review cases brought by individuals based on violations of their federal privacy rights

United States v. Ganias 824 F.3d 199 (2d Cir. 2016)

Whether the Government violated the Fourth Amendment when they retained non-pertinent files for more than two years after the files were seized in an unrelated investigation

In re Nickelodeon 827 F.3d 262 (3d Cir. 2016)

Whether the Video Privacy Protection Act protects from disclosure personal information collected by the Nick.com website

City of Los Angeles v. Patel 135 S. Ct. 2443 (2015)

Whether a city ordinance authorizing warrantless and suspicionless searches of hotel guest registries violates the Fourth Amendment

FTC v. Wyndham 799 F.3d 236 (3d Cir. 2015)

Whether the FTC can enforce data security standards under its Section 5 "unfairness" authority

State v. Davis 360 P.3d 1161 (N.M. 2015)

Whether aerial surveillance within the super adjacent space surrounding a dependant's home is a search under the Fourth Amendment and the New Mexico Constitution

Smith v. Obama 9th Cir. ___

Whether the ongoing collection of all telephone call records of all Americans violates the Fourth Amendment

McDonough v. Anoka County 799 F.3d 931 (8th Cir. 2015)

Whether the statute of limitations under the DPPA accrues based on when the violation occurs or when it is discovered

In re National Security Letter 9th Cir. ___

Whether the nondisclosure provision in the National Security Letter statute violates the First Amendment

Riley v. California 134 S. Ct. 2473 (2014)

Whether a warrantless search of a cell phone during an arrest violates the Fourth Amendment

Fraley v. Facebook 638 Fed. Appx. 594 (9th Cir. 2016)

Whether Facebook's proposed settlement of privacy claims arising from "Sponsored Stories" advertisements is fair and sufficient for class members

Maryland v. King 569 U.S. 435 (2013)

Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction

New York Times v. DOJ 752 F.3d 123 (2d Cir. 2014)

Whether FOIA Deliberative Process Privilege Exemption Applies to Final DOJ-OLC Opinions

Jennings v. Broome 569 U.S. 918 (2013)

Concerning the Scope of Protections for Stored E-mail Under the Electronic Communications Privacy Act

McBurney v. Young 569 U.S. 221 (2013)

Concerning the Constitutionality of State FOI Disclosure Restrictions for Non-Residents

Maracich v. Spears 570 U.S. 48 (2013)

Concerning the Scope of the 'Litigation' Exception to the Drivers' Privacy Protection Act

Clapper v. Amnesty Int'l USA 568 U.S. 398 (2013)

Concerning the Standing of Public Interest Organizations, Journalists, and Lawyers to Challenge the Constitutionality of the FISA Amendments Act of 2008

Florida v. Harris 568 U.S. 237 (2013)

Whether an investigative technique that law enforcement asserts reliably identifies the presence of contraband is sufficient to satisfy the probable cause requirement of the Fourth Amendment and thereby allows routine warrantless searches.

CREW v. FEC 711 F.3d 180 (D.C. Cir. 2013)

What constitutes an adequate FOIA determination such that a FOIA requester who has not received such a determination from an agency within FOIA's time limits may file suit

Gordon v. Softech Int'l Inc. 726 F.3d 42 (2d Cir. 2013)

Concerning Reseller Liability for an Alleged But Undisclosed Impermissible Use of Driver Information Under the DPPA

United States v. Hamilton 701 F.3d 404 (4th Cir. 2012)

Concerning the Reasonable Expectation of Privacy in Personal E-Mails Stored on a Work Computer

Ben Joffe v. Google 746 F.3d 920 (9th Cir. 2013)

Concerning Google's Civil Liability Under The Wiretap Act For Interception of Wi-Fi Payload Data

State v. Earls 70 A.3d 630 (2013)

Whether the government can constitutionally obtain and use locational information from a defendant's cell phone provider to track a suspect's location without a warrant under the Fourth Amendment

In re US Application for CSLI 724 F.3d 600 (5th Cir. 2013)

Concerning the Constitutionality of the Government's Request for Historical "Cell-Site Location Information" Under Section 2703(d) of the Stored Communications Act

First American v. Edwards 567 U.S. 756 (2012)

Concerning Standing and Liquidated Damages for Federal Statutory Rights

FAA v. Cooper 566 U.S. 284 (2012)

Concerning Emotional Injury as Harm Under the Privacy Act

United States v. Jones 565 U.S. 400 (2012)

Concerning Warrantless GPS Installation and Tracking Under the Fourth Amendment

United States v. Pool 09-10303

Concerning the Constitutionality of Mandatory DNA Collection

Chicago Tribune v. Univ. of Illinois 680 F.3d 1001 (7th Cir. 2012)

Concerning the Privacy of Education Records Under FERPA

Doe v. Luzerne County 660 F.3d 169 (3rd Cir. 2011)

Concerning the right of public employees to remain free from surreptitious video surveillance while undressed as they shower at their workplace

In re Google Street View 794 F. Supp. 2d 1067 (N.D. Ca. 2011)

Concerning Google's Civil Liability Under The Wiretap Act For Interception of Wi-Fi Payload Data

Sorrell v. IMS Health 564 U.S. 552 (2011)

Concerning the Use of Prescriber-Identifiable Data for Targeted Marketing

Tolentino v. New York 563 U.S. 123 (2011)

Concerning Suppression of Evidence Accessed After an Illegal Police Search

FCC v. AT&T; 562 U.S. 397 (2011)

Does FOIA give corporations the same personal privacy rights as natural born people?

NASA v. Nelson 562 U.S. 134 (2011)

Concerning Informational Privacy for Federal Contract Employees

G.D. v. Kenny 15 A.3d 300 NJ 275

Concerning preserving the value of expungement

Doe v. Reed 561 U.S. 186 (2010)

Concerning the Compelled Disclosure of Petition Signatures

SEC v. Galleon 622 F.3d 159 (2d Cir. 2010)

Whether an individual is required to turn over more than 18,000 wiretapped conversations acquired by the government in a criminal case when the Securities and Exchange Commission (SEC) compels the disclosure of such material in a separate but related civil case

City of Ontario v. Quon 560 U. S. 746 (2010)

Concerning Text Messaging Privacy in the Workplace

Harris v. Blockbuster 622 F.Supp.2d 396

Concerning the Substitution of Privacy Rights by Arbitration

Ostergren v. Cuccinelli 615 F.3d 263 (4th Cir. 2010)

Concerning the Publication of Social Security Numbers

The Authors Guild v. Google 770 F. Supp. 2d 666 (S.D.N.Y. 2011)

Concerning the Google Books Settlement

Commonwealth v. Connolly 454 Mass. 808 (2009)

Concerning GPS Tracking of a Vehicle as a "Search and Seizure"

Flores-Figueroa v. United States 556 U.S. 646 (2009)

Concerning Proper Application of the Identity Theft Penalty Enhancement Act

Bunnell v. MPAA 567 F.Supp.2d 1148 (2008)

Whether the Wiretap Act protects e-mail messages in circumstances when the messages are briefly stored while they pass through mail servers.

Herring v. United States 555 U.S. 135 (2009)

Concerning a Faulty Arrest Based on Incorrect Information in a Government Database

NCTA v. FCC 555 F.3d 996 (D.C. Cir. 2009)

Concerning Privacy of Customer Proprietary Network Information (CPNI)

Crawford v. Marion County 553 U.S. 181 (2008)

Concerning Photo Identification Requirements for Voters

IMS Health v. Ayotte 550 F.3d 42 (1st Cir. 2008)

Concerning the Use of Prescriber-Identifiable Data for Targeted Marketing

New Jersey v. Reid 194 N.J. 386, 954 A.2d 503 (N.J. 2008)

Concerning ISP subscriber privacy

Hepting v. AT&T; 633 F. Supp. 2d 949 (N.D. Cal. 2009)

Concerning NSA Warrantless Domestic Spying Program

In re Marriage of [Redacted]

Telephone record privacy

Johnson v. Quander U.S. Cert., 2006

Concerning DNA collection

Peterson v. NTIA 478 F.3d 626 (4th Cir. 2007)

Concerning Privacy for Domain Name Holders

ACLU v. DOD 05-6286

Concerning Freedom of Information Act Exemption 7(F)

Nelson v. Salem State College 446 Mass. 525 (2006)

Concerning employee privacy in the state workplace

Kohler v. Englade 470 F. 3d 1104 (5th Cir. 2006)

Concerning DNA Dragnets

Gonzales v. Doe 449 F. 3d 415 (2nd Cir. 2006)

Concerning National Security Letters

Forensic Advisors, Inc. v. Matrixx Initiatives, Inc. 907 A.2d 855 (Md. 2006)

Concerning Subscriber List Privacy

United States v. Councilman 385 F.3d 793 (1st Cir. 2004)

Concerning whether email can be "intercepted" in violation of federal wiretap law while it is temporarily stored on an email server

American Bankers Association v. Lockyer 541 F.3d 1214 (9th Cir. 2008)

Concerning federal preemption of state privacy laws

Kehoe v. Fidelity Bank 421 F.3d 1209 (11th Cir. 2005)

Concerning the Driver's Privacy Protection Act

Gilmore v. Gonzales 435 F.3d 1125 (9th Cir. 2006)

Concerning Secret Law

United States v. Kincade 379 F.3d 813 (9th Cir. 2004)

Concerning DNA collection

Hiibel v. Sixth Judicial Dist. Ct. of Nev., Humbolt County 542 U. S. 177 (2004)

Whether an individual who has not been arrested may refuse to identify himself to a law enforcement officer

Doe v. Chao 540 U. S. 614 (2004)

Concerning whether a person should be required to prove actual damages to obtain relief under the Privacy Act

RIAA v. Verizon 351 F.3d 1229 (D.D.C. 2003)

Concerning Copyright Subpoena Privacy

BATF v. Chicago U.S. Cert., 2003

Concerning the Freedom of Information Act

In re Sealed Case 310 F.3d 717 (2002)

Smith v. Doe 538 U.S. 84 (2003)

Concerning Megan's Law

United States v. Bach 310 F.3d 1063, 1066 (8th Cir. 2002)

Concerning service of a warrant by fax

Remsburg v. Docusearch 149 NH 148 (2003)

Paramount Pictures v. ReplayTV CV 01-09358 FMC

Concerning Electronic Surveillance of TV Usage

Watchtower Bible v. Stratton 536 U. S. 150 (2002)

Concerning Anonymity and the First Amendment

US West v. FCC U.S. Cert. 2000

Concerning Telephone Subscriber Privacy

Bernstein v. U.S. Dept of Commerce 97-16686

Concerning Crypto Export Controls

Reno v. Condon 528 U. S. 141 (2000)

Concerning whether the Driver Privacy Protection Act, which prohibits the disclosure of personally identifiable information and motor vehicle records by public agencies and private persons, was an unconstitutional breach of federalism principles.

Junger v. Daley 209 F.3d 481 (6th Cir. 2000)

Concerning Crypto Export Controls