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Kristel Aranas

@kristelaranas.bsky.social

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Reposted by Kristel Aranas

Heather Burns

@heatherburnstech.bsky.social

This cannot be stressed enough, from the 404 piece yesterday: ICE is working from a legal rationale which states that if a device is collecting adtech or location data, which is then sold to ICE, b/c the owner didn't change the privacy settings, the owner relinquished their Fourth Amendment rights.

The ACLU obtained an internal ICE legal analysis on the use of smartphone location data through a Freedom of Information Act (FOIA) lawsuit. At the time it was written it was discussing data from another location broker. But it provides insight into ICE’s legal justification to not seek a warrant when using such data. 404 Media has uploaded a copy of the document here.

“Under longstanding Supreme Court precedent, an individual has no reasonable expectation of privacy under the Fourth Amendment in information voluntarily disclosed to third parties,” the analysis says, referring to data collected by location data companies and sold to the government. The rationale is that the phone’s owner has provided this information willingly because they could, theoretically, remove apps gathering their location data or turn off location services altogether. (In multiple investigations into the location data industry, I’ve found apps did not always disclose how their location data might be used or sold, and in some cases apps still collected data even when people opted-out, meaning users could not have meaningfully consented.)

January 9, 2026 at 7:34 AM

Reposted by Kristel Aranas

404 Media

@404media.co

An attorney in a New York Supreme Court commercial case got caught using AI in his filings, and then got caught using AI again in the brief where he had to explain why he used AI, according to court documents filed earlier this month.

🔗 www.404media.co/lawyer-using...