Justice Gorsuch's limitation of his use of the word 'privacy' at the oral argument of Carpenter v. United States may mean a desire to limit substantive due process doctrine in the future. DHS's costly implementation of facial screening technology at airports is technologically flawed and is a significant escalation in government surveillance, claims a report from Georgetown University researchers. Use of fear-mongering tactics in the campaign to pass the Foreign Intelligence Surveillance Amendments Act demonstrates contempt for Fourth Amendment rights.
The FCC repealed broadband privacy regulations, but Orin Kerr notes that the Wiretap Act provides a substantial check on privacy incursions by broadband providers. In response to "extreme vetting," Members of Congress introduced legislation banning warrantless cellphone searches at the border.
Congress passed legislation allowing internet service providers to market customers' browsing history to third parties. In a rare en banc session, the Foreign Intelligence Surveillance Court will consider the ACLU's claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government's bulk data collection program.