4th Amendment Violation

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7^th Circuit Court of Appeals

Case Name: Naperville Smart Meter Awareness v. City of Naperville

Case No.: 16-3766

Officials: WOOD, Chief Judge, and BAUER and KANNE, Circuit Judges.

Focus: 4^th Amendment Violation

The City of Naperville owns and operates a public utility that provides electricity to the city’s residents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naperville’s collection of this data is reasonable under the Fourth Amendment of the U.S. Constitution and Article I, § 6 of the Illinois Constitution.

Naperville could have avoided this controversy—and may still avoid future uncertainty—by giving its residents a genuine opportunity to consent to the installation of smart meters, as many other utilities have. Nonetheless, Naperville’s warrantless collection of its residents’ energy-consumption data survives our review in this case.

Even when set to collect readings at fifteen-minute intervals, smart meters provide Naperville rich data. Accepting Smart Meter Awareness’s well-pled allegations as true, this collection constitutes a search. But because of the significant government interests in the program, and the diminished privacy interests at stake, the search is reasonable. We therefore AFFIRM the district court’s denial of leave to amend.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.