EPIC Amicus Curiae Briefs

EPIC frequently files amicus curiae, or "friend of the court", briefs in federal and state appellate cases concerning emerging privacy and civil liberties issues.

We work closely with technical experts and legal scholars, members of the EPIC Advisory Board, on these briefs. EPIC's amicus briefs assist judges in their analyses of novel privacy issues, often involving new technology. Many of these cases are complex and technical. Judges often acknowledge EPIC's briefs in their opinions, and have expressed gratitude for EPIC's participation in important cases. EPIC's decision to participate as amicus in a particular case typically follows an extensive review of matters pending before federal and state courts.

FEATURED CASE

In re SuperValu Customer Data Security Breach Litigation 16-2378
U.S. Court of Appeals for the Eighth Circuit | Consumer Privacy

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


Perry v. CNN 16-13031
U.S. Court of Appeals for the Eleventh Circuit | Video Privacy Protection Act

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


Veasey v. Abbott 4-41127
U.S. Court of Appeals for the Fifth Circuit | Voter ID

Concerning the Legality of the Texas Voter Photo Identification Law


Storm v. Paytime, Inc. No. 15-3690
U.S. Court of Appeals for the Third Circuit | Consumer Privacy

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


Liberty v. GCHQ App No. 24960/15
European Court of Human Rights | International Privacy

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)
Central District of California | Fourth Amendment

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


Smith v. LexisNexis Screening Solutions 15-2329
U.S. Court of Appeals for the Sixth Circuit | Consumer Privacy

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


Utah v. Strieff 14-1373
Supreme Court | Fourth Amendment

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


ACA International v. FCC 15-1211
U.S. Court of Appeals for the D.C. Circuit | Telephone Record Privacy

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


Commonwealth v. White SJC-11917
Massachusetts Supreme Judicial Court | Fourth Amendment

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


Spokeo, Inc v. Robins U.S. ___
Supreme Court | Standing

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


United States v. Ganias 2nd Cir ___
U.S. Court of Appeals for the Second Circuit | Fourth Amendment

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 3rd Cir ____
U.S. Court of Appeals for the Third Circuit | Video Privacy Protection Act

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


City of Los Angeles v. Patel 576 U.S. ___ (2015)
Supreme Court | Fourth Amendment

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


FTC v. Wyndham 3rd Cir. ___
U.S. Court of Appeals for the Third Circuit | Consumer Privacy

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


State v. Davis N.M. ___
New Mexico Supreme Court | Fourth Amendment

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. ___
U.S. Court of Appeals for the Ninth Circuit | Government Surveillance

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


Bass v. Aitkin County 8th Cir. ___
U.S. Court of Appeals for the Eighth Circuit | Drivers Privacy Protection Act

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. ___
U.S. Court of Appeals for the Ninth Circuit | First Amendment

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


Riley v. California 573 U.S. ___ (2014)
Supreme Court | Fourth Amendment

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


Fraley v. Facebook 9th Cir. ___
U.S. Court of Appeals for the Ninth Circuit | Consumer Privacy

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. ___ (2013)
Supreme Court | Fourth Amendment

Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction


New York Times v. DOJ 13-422
U.S. Court of Appeals for the Second Circuit | Freedom of Information Act

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


Jennings v. Broome U.S. Cert., 2012
Supreme Court | Electronic Communications Privacy Act

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


McBurney v. Young 569 U. S. ___ (2013)
Supreme Court | Freedom of Information Act

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


Maracich v. Spears 570 U. S. ___ (2013)
Supreme Court | Drivers Privacy Protection Act

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


Clapper v. Amnesty Int'l USA 568 U. S. ___ (2013)
Supreme Court | Foreign Intelligence Surveillance Act

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. ___ (2013)
Supreme Court | Fourth Amendment

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 12-5004
U.S. Court of Appeals for the D.C. Circuit | Freedom of Information Act

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
U.S. Court of Appeals for the Second Circuit | Drivers Privacy Protection Act

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


United States v. Hamilton 701 F.3d 404 (4th Cir. 2012)
U.S. Court of Appeals for the Fourth Circuit | Workplace Privacy

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


Ben Joffe v. Google 9th Cir. ___
U.S. Court of Appeals for the Ninth Circuit | Electronic Communications Privacy Act

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


State v. Earls 70 A.3d 630 (2013)
New Jersey Supreme Court | Location Privacy

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)
U.S. Court of Appeals for the Fifth Circuit | Location Privacy

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. ___ (2012)
Supreme Court | Standing

Concerning Standing and Liquidated Damages for Federal Statutory Rights


FAA v. Cooper 566 U. S. ___ (2012)
Supreme Court | Privacy Act

Concerning Emotional Injury as Harm Under the Privacy Act


United States v. Jones 565 U. S. ___ (2012)
Supreme Court | Fourth Amendment

Concerning Warrantless GPS Installation and Tracking Under the Fourth Amendment


United States v. Pool 09-10303
U.S. Court of Appeals for the Ninth Circuit | Biometric Privacy

Concerning the Constitutionality of Mandatory DNA Collection


Chicago Tribune v. Univ. of Illinois 11-2066
U.S. Court of Appeals for the Seventh Circuit | FERPA

Concerning the Privacy of Education Records Under FERPA


Doe v. Luzerne County 660 F.3d 169 (3rd Cir. 2011)
U.S. Court of Appeals for the Third Circuit | Informational Privacy

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
Northern District of CA | Electronic Communications Privacy Act

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


Sorrell v. IMS Health 564 U. S. ___ (2011)
Supreme Court | Medical Record privacy

Concerning the Use of Prescriber-Identifiable Data for Targeted Marketing


Tolentino v. New York 563 U. S. ___ (2011)
Supreme Court | Fourth Amendment

Concerning Suppression of Evidence Accessed After an Illegal Police Search


FCC v. AT&T 562 U. S. ___ (2011)
Supreme Court | Freedom of Information Act

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


NASA v. Nelson 562 U. S. 134 (2011)
Supreme Court | Informational Privacy

Concerning Informational Privacy for Federal Contract Employees


G.D. v. Kenny 15 A. 3d 300, 205 NJ 275
New Jersey Supreme Court | Expungement

Concerning preserving the value of expungement


Doe v. Reed 561 U. S. 186 (2010)
Supreme Court | First Amendment

Concerning the Compelled Disclosure of Petition Signatures


SEC v. Galleon 622 F.3d 159 (2d Cir. 2010)
U.S. Court of Appeals for the Second Circuit | Wiretapping

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)
Supreme Court | Fourth Amendment

Concerning Text Messaging Privacy in the Workplace


Harris v. Blockbuster 622 F.Supp.2d 396
U.S. Court of Appeals for the Fifth Circuit | Video Privacy Protection Act

Concerning the Substitution of Privacy Rights by Arbitration


Ostergren v. Cuccinelli 615 F.3d 263, 272 (4th Cir. 2010)
U.S. Court of Appeals for the Fourth Circuit | Cybersecurity

Concerning the Publication of Social Security Numbers


Google Books Settlement 05 CIV 8136
Southern District of New York | Internet Privacy

Concerning the Google Books Settlement


Commonwealth v. Connolly 454 Mass. 808 (2009)
Massachusetts Supreme Judicial Court | Fourth Amendment

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


Flores-Figueroa v. United States 556 U. S. 646 (2009)
Supreme Court | Identity Theft

Concerning Proper Application of the Identity Theft Penalty Enhancement Act


Bunnell v. MPAA 567 F.Supp.2d 1148 (2008)
U.S. Court of Appeals for the Ninth Circuit | Electronic Communications Privacy Act

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)
Supreme Court | Database errors

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


NCTA v. FCC 555 F.3d 996 (D.C. Cir. 2009)
U.S. Court of Appeals for the D.C. Circuit | Consumer Privacy

Concerning Privacy of Customer Proprietary Network Information (CPNI)


Crawford v. Marion County 553 U. S. 181 (2008)
Supreme Court | Voter ID

Concerning Photo Identification Requirements for Voters


IMS Health v. Ayotte 550 F.3d 42 (2008)
U.S. Court of Appeals for the First Circuit | Medical Record privacy

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)
New Jersey Supreme Court | Fourth Amendment

Concerning ISP subscriber privacy


Hepting v. AT&T
U.S. Court of Appeals for the Ninth Circuit | Government Surveillance

Concerning NSA Warrantless Domestic Spying Program


In re Marriage of [Redacted]
District Court, Colorado | Telephone Record Privacy

Telephone record privacy


Johnson v. Quander U.S. Cert., 2006
Supreme Court | Fourth Amendment

Concerning DNA collection


Peterson v. NTIA 06-1548
U.S. Court of Appeals for the Fourth Circuit | First Amendment

Concerning Privacy for Domain Name Holders


ACLU v. DOD 05-6286
U.S. Court of Appeals for the Second Circuit | Freedom of Information Act

Concerning Freedom of Information Act Exemption 7(F)


Nelson v. Salem State College 446 Mass. 525
Massachusetts Supreme Judicial Court | Workplace Privacy

Concerning employee privacy in the state workplace


Kohler v. Englade 470 F. 3d 1104 (5th Cir. 2006)
U.S. Court of Appeals for the Fifth Circuit | Fourth Amendment

Concerning DNA Dragnets


Gonzales v. Doe 449 F. 3d 415 (2nd Cir. 2006)
U.S. Court of Appeals for the Second Circuit | First Amendment

Concerning National Security Letters


Forensic Advisors, Inc. v. Matrixx Initiatives, Inc. 907 A.2d 855 (2006)
Maryland Court of Appeals | First Amendment

Concerning Subscriber List Privacy


United States v. Councilman 03-1383
U.S. Court of Appeals for the Fifth Circuit | Electronic Communications Privacy Act

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


ABA v. Brown 04-16334
U.S. Court of Appeals for the Ninth Circuit | Preemption

Concerning federal preemption of state privacy laws


Kehoe v. Fidelity Bank 421 F.3d 1209 (11th Cir. 2005)
U.S. Court of Appeals for the Eleventh Circuit | Drivers Privacy Protection Act

Concerning the Driver's Privacy Protection Act


Gilmore v. Gonzales 435 F.3d 1125 (9th Cir. 2006)
U.S. Court of Appeals for the Ninth Circuit | Secret Law

Concerning Secret Law


United States v. Kincade 379 F.3d 813 (9th Cir. 2004)
U.S. Court of Appeals for the Ninth Circuit | Fourth Amendment

Concerning DNA collection


Hiibel v. Sixth Judicial Dist. Ct. of Nev., Humbolt County 542 U. S. 177 (2004)
Supreme Court | Fourth Amendment

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)
Supreme Court | Privacy Act

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)
U.S. Court of Appeals for the D.C. Circuit | Internet Privacy

Concerning Copyright Subpoena Privacy


BATF v. Chicago U.S. Cert., 2003
Supreme Court | Freedom of Information Act

Concerning the Freedom of Information Act


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


Smith v. Doe 538 U. S. 84 (2003)
Supreme Court | Informational Privacy

Concerning Megan's Law


United States v. Bach 310 F.3d 1063, 1066 (8th Cir. 2002)
U.S. Court of Appeals for the Eighth Circuit | Fourth Amendment

Concerning service of a warrant by fax


Remsburg v. Docusearch 149 NH 148 (2003)
New Hampshire Supreme Court | Pretexting


Paramount Pictures v. ReplayTV CV 01-09358 FMC
Central District of California | Consumer Privacy

Concerning Electronic Surveillance of TV Usage


Watchtower Bible v. Stratton 536 U. S. 150 (2002)
Supreme Court | First Amendment

Concerning Anonymity and the First Amendment


US West v. FCC U.S. Cert. 2000
Supreme Court | Right to Privacy

Concerning Telephone Subscriber Privacy


Bernstein v. U.S. Dept of Commerce 97-16686
U.S. Court of Appeals for the Ninth Circuit | First Amendment

Concerning Crypto Export Controls


Reno v. Condon 528 U. S. 141 (2000)
Supreme Court | Drivers Privacy Protection Act

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)
U.S. Court of Appeals for the Sixth Circuit | First Amendment

Concerning Crypto Export Controls