The Supreme Court is set to hear arguments in Maracich v. Spears, a case involving the Drivers' Privacy Protection Act. The Court agreed to hear the case after a lower could ruled that impermissible uses of personal data held by DMVs were "inextricably intertwined" with permissible uses. The Supreme Court previously said that the law "establishes a regulatory scheme that restricts the States' ability to disclose a driver's personal information without the driver's consent." EPIC filed an amicus curiae brief in support of the Petitioners, urging that the Court overturn the lower court's judgment. EPIC's brief details the staggering amount of personal information contained in driver records, particularly as a consequence of the REAL ID regulations. EPIC argues that "changes in technology have increased the risk of the underlying harm that Congress sought to address. Therefore, the Court should narrowly construe the statutory exceptions." The EPIC amicus brief is joined by twenty-seven technical experts and legal scholars. For more information, see EPIC: Maracich v. Spears, EPIC: The Driver's Privacy Protection Act, and EPIC: National ID and REAL ID.
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Communications Law and Policy
Jerry Kang and Alan Butler