State v. Simons

Brief of the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, the American Civil Liberties Union of Oregon, and the Electronic Frontier Foundation as Amici Curiae in Support of Defendant’s Petition for Review

Brief filed: 06/21/2024


State v. Simons

Supreme Court of the State of Oregon; Case No. No. 2070787

Prior Decision

Decision below, Lane Cty. Cir. Ct., No. 19-CR-43543


Internet users have a reasonable expectation of privacy in their Internet browsing histories. Internet use is essential for participation in modern life, and browsing histories contain the “privacies of life” that the Fourth Amendment was designed to protect from warrantless government intrusion. The fact that people click “I agree” to terms of service presented by an Internet service provider to access the Internet does not undermine their reasonable expectation of privacy. Nor does the fact that some people connect to free public Wi-Fi. Even when the terms of service contain a monitoring clause, such agreements are commercially motivated and exist between two private parties. They do not constitute a waiver of constitutional rights. For these reasons, warrantless surveillance of browsing history is unconstitutional.


Nicola Morrow and Mike Price, NACDL, Washington, DC; Nathan Freed Wessler and Brett Max Kaufman, ACLU,  New York, NY; Jennifer Stisa Granick, ACLU, San Francisco, CA ; Kelly Simon, ACLU of Oregon, Portland, OR; Andrew Crocker, Electronic Frontier Foundation, San Francisco, CA; Justin Rosas, local counsel for NACDL, Medford, OR

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