Mass. Supreme Judicial Court Rules Two Days of Mass Transit Records Not Enough to Constitute a Search Under the Mosaic Theory of the Fourth Amendment

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The Massachusetts Supreme Judicial Court issued an opinion in Commonwealth v. Zachary finding that when Birkenstock boston Police accessed two days associated with rider history from a community pass they did not execute a search under the Fourth Change. The court first implemented an argument from EPIC’s amicus brief urging the courtroom to reject the third-party doctrine for electronic information collected by a third party through an individual for the purpose of obtaining a support. The court decided, “we reject the doctrine because applied to this case, in which the data at issue does not have any connection to the limited objective for which an individual uses a CharlieCard. ”

The particular court then applied the particular mosaic theory of the 4th Amendment which looks at the entire sweep of a government motion and the insights derived whenever individual data points are usually aggregated to determine whether research online occurred under the Constitution. The particular court held that while “an extensive record of an lawsuit filer’s MBTA activity could make up a search under the mosaic concept, the minimal amount of information obtained in this case does not make up a violation of artwork. 14 or the Fourth Change. ” EPIC previously submitted an amicus brief within the landmark location privacy situation Carpenter v. United States, where the Supreme Court held that will collecting seven days of mobile phone location data, considered within aggregate, constituted a search.

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