Intelligence sharing and protected activity
Application-dependentRecords needed
Editorial research status. Not a court finding.
Potential challenge
Intelligence files targeting constitutionally protected activity, or use of improperly acquired records, may support claims depending on actual practices, harm, and applicable doctrine. Information sharing alone does not establish a constitutional violation.
Legal standard
NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), addresses associational privacy. Laird v. Tatum, 408 U.S. 1 (1972), holds that subjective chill alone is insufficient for standing. Carpenter v. United States, 585 U.S. 296 (2018), addresses historical cell-site location information. United States v. Jones, 565 U.S. 400 (2012), addresses GPS installation and monitoring.
Proof required
- Memoranda of understanding and data-sharing agreements
- Fusion-center access logs
- Data categories and retention schedules
- Audit logs
- First Amendment safeguards and training
- Complaint investigations
Evidence status. This concern is not confirmed evidence of unlawful conduct.