by K.T. Weaver, SkyVision Solutions
The Naperville Smart Meter Awareness group (NSMA) has filed its legal brief [1] with the U.S. Court of Appeals for the Seventh Circuit after a Federal District Court entered a final judgment against NSMA late last year.
Key Points Made in Appeal Brief
- As a matter of law, NSMA members have a reasonable expectation of privacy for data acquired from inside their homes. The Kyllo case, as precedent, held that because of the special sanctity of the home, residents automatically have a reasonable expectation of privacy in all material and data inside their home. Yet the district court ignored this fundamental Fourth Amendment principle.
- Utility “smart meters” collect detailed electricity usage data that can reveal intimate information about residents’ personal lives within their homes.
- 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.
In the smart meter-related case of Naperville Smart Meter Awareness (NSMA) v. City of Naperville, a Federal district court entered a final judgment against NSMA and in favor of the City on September 26, 2016. (Case 1:11-cv-09299)
Current guidelines of the Federal Communications Commission (FCC) and similar organizations are outdated and do not adequately protect us from the hazards of radiofrequency radiation (RF). FCC exposure guidelines only protect against thermal damage despite overwhelming evidence that so-called non-thermal effects also occur. These non-thermal effects are simply unregulated.
