by K.T. Weaver, SkyVision Solutions
A key allegation of the lawsuit is that warrantless collection of smart meter data (beyond that necessary for the basic delivery of electric service) without consent is an illegal “search,” regardless of whether or how that data is later analyzed or used. This is because utility “smart meters” collect detailed electricity usage data that can reveal intimate information about residents’ personal lives within their homes.
The Electronic Frontier Foundation (EFF) and Privacy International (PI) recently filed an amicus brief in support of NSMA. As stated in a press release by EFF :
“[A] federal district court in Illinois has held … that Americans can’t reasonably expect any privacy in the data collected by these [smart meter] devices. According to the court, smart meter data is completely beyond the protection of the Fourth Amendment.
The case is currently on appeal to the United States Court of Appeals for the Seventh Circuit, which should throw out the district court’s sweeping, dangerous decision because it threatens the privacy of Americans across the country. …
This case has far-reaching implications.”
Unfortunately, corporations and governments have deep financial pockets to fight these lawsuits, and it is thus difficult for consumers to properly sustain legal fights that could eventually restore our right to privacy.
NSMA has retained Thompson Coburn, LLP to handle this legal case. This is an experienced and well-respected firm.
On March 24th, NSMA made a formal request for financial support (see link at ). Here is an excerpt:
“We are protected by the 4th amendment, but the Constitution was not written with today’s technology in mind. Our case is in uncharted waters of our national laws and in a position to set precedent, not just in Naperville, but nationally. A favorable outcome will echo nationwide, benefiting every property owner in America, re-establishing our right to privacy within their own homes.
A generous supporter has committed to match all donations, up to $50,000, received by Memorial Day, May 29, 2017. We ask for your financial support at this critical time to fund our legal team’s efforts.
Join us by sending a donation of any amount to:
Naperville Smart Meter Awareness
PO BOX 3925
LISLE IL 60532-8925
Or donate online with a credit card: https://www.paypal.me/NSMA“
Please consider a making a donation to Naperville Smart Meter Awareness (NSMA) in the fight against privacy-invading smart meters.
Remember also that smart meters are just one of the devices being widely deployed across America as part of the Internet of Things (IoT). Below is a new video that makes the assertion that smart meters have a role in the “mass surveillance” of our society.
 “Naperville Smart Meter Awareness Group Appeals to Higher Court on Fourth Amendment Violations,” SkyVision Solutions Blog Article, February 2017, at https://smartgridawareness.org/2017/02/22/naperville-group-appeals-to-higher-court/
 Brief of the Plaintiff-Appellant, Naperville Smart Meter Awareness, Docket 16-3766, U.S. Court of Appeals for the Seventh Circuit, February 21, 2017; available at https://skyvisionsolutions.files.wordpress.com/2017/02/020-nsma-brief-with-rule-30a-appendix.pdf
 “The Law is Clear: Details of the Home Are Entitled to the Utmost Fourth Amendment Protection,” SkyVision Solutions Blog Article, March 2017, at https://smartgridawareness.org/2017/03/01/the-law-is-clear-details-of-the-home-are-entitled-to-the-utmost-fourth-amendment-protection/
 Brief of Amici Curiae Electronic Frontier Foundation and Privacy International in Support of Plaintiff-Appellant Naperville Smart Meter Awareness and Reversal, Docket 16-3766, U.S. Court of Appeals for the Seventh Circuit, February 28, 2017; available at https://skyvisionsolutions.files.wordpress.com/2017/02/024-amicus-brief-by-eff-and-privacy-internatiomal-re-nsma-v-city-of-naperville.pdf
 Naperville Smart Meter Awareness (NSMA) Federal Case Update, March 24, 2017; available at https://skyvisionsolutions.files.wordpress.com/2017/03/nsma-federal-case-status-24mar2017.pdf