A federal judge has issued a permanent injunction barring northeastern Pennsylvania prosecutors from filing charges against several teenage girls in connection with racy cell phone photos. Judge James Munley issued the order Friday after the Wyoming County district attorney said he had no plans to file charges against three girls who filed a federal lawsuit last year over the matter. The girls and their parents, represented by the ACLU, said the photos were not pornographic and the girls did not send or receive them.
The ability of lawyers, reporters and human rights activists to challenge the government’s overseas wiretapping law depends on persuading a federal appeals court they have been sufficiently injured to have standing. The 2nd Circuit on Friday questioned Jameel Jaffer of the ACLU on whether lawyers and others who communicate with people overseas on sensitive matters have well-founded fears that their conversations are being recorded under recent amendments to the Foreign Intelligence Surveillance Act.
In a case that could prove to be one of the most important privacy rights battles of the modern era, the 3rd Circuit will hear arguments this week on the proper legal standard to apply when prosecutors demand cell phone location data. The 3rd Circuit will become the first federal appellate court to tackle the question as Justice Department lawyers square off against a coalition of privacy and civil liberties lawyers from the Electronic Frontier Foundation, the Center for Democracy & Technology and the ACLU.