Internet Privacy
Sarkar v. Doe - PubPeer Subpoena Challenge

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Sarkar v. Doe - PubPeer Subpoena Challenge
Internet Privacy
The ACLU filed a motion in Michigan state court challenging the constitutionality of a subpoena issued to the website PubPeer demanding that it turn over the identities of anonymous commenters. In March 2015, the trial judge ruled that PubPeer had to unmask one – but only one – of the commenters. Both PubPeer and the researcher appealed, and the ruling was upheld in December 2016.
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5 Internet Privacy Cases
May 2023

The Warrant Clause in the Digital Age
The information generated by today’s digital devices and online services reveals private matters far beyond what one could learn from physical analogs. In a series of legal filings and a white paper, available below, the ACLU has argued that to keep apace with technological developments and adequately protect our privacy, the Fourth Amendment’s warrant requirement must be interpreted robustly. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral magistrate.
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Internet Privacy
National Security
The Warrant Clause in the Digital Age
The information generated by today’s digital devices and online services reveals private matters far beyond what one could learn from physical analogs. In a series of legal filings and a white paper, available below, the ACLU has argued that to keep apace with technological developments and adequately protect our privacy, the Fourth Amendment’s warrant requirement must be interpreted robustly. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral magistrate.
May 2023
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U.S. Supreme Court
Feb 2023

Twitter, Inc., v. Taamneh
The Supreme Court will decide whether a social media or other platform can be liable for “aiding and abetting” a terrorist attack merely because it failed to adequately block content valorizing terrorism, even where the platform has policies barring terrorist content.
Status: Closed (Judgment)
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U.S. Supreme Court
Internet Privacy
+2 Issues
Twitter, Inc., v. Taamneh
The Supreme Court will decide whether a social media or other platform can be liable for “aiding and abetting” a terrorist attack merely because it failed to adequately block content valorizing terrorism, even where the platform has policies barring terrorist content.
Feb 2023
Status: Closed (Judgment)
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Jan 2020

ACLU v. US Department of Justice
The ACLU, ACLU of Northern California, Electronic Frontier Foundation, and Stanford Law School’s Riana Pfefferkorn are petitioning to unseal a secret judicial ruling reportedly holding that the Department of Justice cannot force Facebook to alter Facebook Messenger in order to enable the FBI to conduct wiretaps in an investigation. The petition, initially filed in the Eastern District of California, argues that the First Amendment and common-law require public access to the legal ruling as well as to the docket sheet and certain other portions of the underlying proceeding.
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Internet Privacy
ACLU v. US Department of Justice
The ACLU, ACLU of Northern California, Electronic Frontier Foundation, and Stanford Law School’s Riana Pfefferkorn are petitioning to unseal a secret judicial ruling reportedly holding that the Department of Justice cannot force Facebook to alter Facebook Messenger in order to enable the FBI to conduct wiretaps in an investigation. The petition, initially filed in the Eastern District of California, argues that the First Amendment and common-law require public access to the legal ruling as well as to the docket sheet and certain other portions of the underlying proceeding.
Jan 2020
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Apr 2016

ACLU v. DOJ – FOIA Lawsuit Demanding OLC Opinion on “Common Commercial Service Agreements”
The ACLU has filed a Freedom of Information Act lawsuit to compel the disclosure of a legal opinion authored by the Department of Justice’s Office of Legal Counsel. The lawsuit, filed in November 2015, enforces an earlier Freedom of Information Act request.
Status: Ongoing
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Internet Privacy
ACLU v. DOJ – FOIA Lawsuit Demanding OLC Opinion on “Common Commercial Service Agreements”
The ACLU has filed a Freedom of Information Act lawsuit to compel the disclosure of a legal opinion authored by the Department of Justice’s Office of Legal Counsel. The lawsuit, filed in November 2015, enforces an earlier Freedom of Information Act request.
Apr 2016
Status: Ongoing
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