The public should get to see whether a court that authorized the FBI to track someone’s air travels in real time for six months also analyzed whether the surveillance implicated the Fourth Amendment, EFF argued in a brief filed this week.
In Forbes Media LLC v. United States, the news organization and its reporter are trying to make public a court order and related records concerning an FBI request to use the All Writs Act to compel a travel data broker to disclose people’s movements.
Forbes reported on the FBI’s use of the All Writs Act to force the company, Sabre, to disclose a suspect’s travel data in real time after one of the agency’s requests was…