In an amicus brief to the U.S. Court of Appeals for the Second Circuit, EPIC argued that there are Constitutional limits on government searches of electronic storage devices. EPIC urged affirmance of United States v. Ganias, which held that the Government violated the Fourth Amendment by retaining files seized years earlier. After the government appealed, the court agreed to rehear the case. EPIC argued that data minimization practices should be followed for electronic searches, particularly after the Supreme Court's decision in Riley v. California. EPIC endorsed the approach set out in United States v. Comprehensive Drug Testing, which allows a government agency to undertake appropriate searches without unnecessarily violating privacy interests. In Quon v. City of Ontario, CA (2012), EPIC recommended that the Supreme Court adopt a similar approach.
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