Privacy Advocacy Groups Prepare Amicus Brief against Smart Meter Fourth Amendment Violations

 

Privacy Advocacy Groups Prepare Amicus Brief against Smart Meter Fourth Amendment Violations

Last week I posted an article describing how the Naperville Smart Meter Awareness group (NSMA) had filed a brief with the U.S. Court of Appeals for the Seventh Circuit requesting a reversal of a lower court dismissal of its alleged Fourth Amendment violation claims. [1] [2]

This week two privacy advocacy groups, Electronic Frontier Foundation (EFF) and Privacy International, jointly filed a motion with the Court to file an attached amicus brief in support of NSMA on the smart meter-related case. [3] ..

[S]mart meters are different — both quantitatively and qualitatively — from their predecessors, analog meters, in terms of the information captured regarding in-home activities.  The district court failed to recognize this, and in so doing, issued a holding that threatens to erode the sacred privacy of the home. …;

The district court’s holding that Americans have no reasonable expectation of privacy in aggregate smart meter data as a matter of law threatens the privacy of … 57 million and counting American households. …;

For the reasons outlined herein, this Court should reverse the district court’s flawed conclusion that Americans have no reasonable expectation of privacy in their aggregate smart meter data.

On a personal note, I initially got involved with the smart meter issue over privacy concerns based upon my initial assessment that no utility should have the right to collect personal information from my home in excess of that required to bill for electric service.  Everything I have since learned has tended to confirm that initial belief.

The NSMA brief filed last week and the amicus brief this week in some sense represents a culmination of the latest information on the threats posed by smart meters in the areas of privacy and security.  I have already won the argument on the issues, but utilities, government bureaucrats, and to some extent the courts have simply ignored and/or have refused to accept the results.  Let us hope that changes before it is too late and our Fourth Amendment protections are gone forever.

K T Weaver

For full information, please refer to https://smartgridawareness.org/2017/02/28/privacy-advocacy-groups-amicus-brief-on-smart-meters/

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