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Fifth Circuit Rules Geofence Warrants Unconstitutional, a Win for Privacy Advocates

Aug 13, 2024, 12:27 AM

The Fifth Circuit Court of Appeals has ruled that geofence warrants are "categorically" unconstitutional, marking a significant victory for privacy advocates. Geofence warrants involve requests to tech companies like Google to provide data on all devices within a specific area at a certain time, which the court found to violate the Fourth Amendment. This decision diverges from the Fourth Circuit's stance and raises questions about the constitutionality of all internet-related warrants. The ruling also highlights the court's view that user consent, as characterized by Google, is essentially meaningless, affirming that users retain their Fourth Amendment rights.