Exploring the Intersection of Technology, Civil Liberties, and Social Justice: The Digital Rights Project at Berkeley Law

Students at Berkeley Law’s Digital Rights Project Score Major Victory for Privacy

In a world where government surveillance is becoming increasingly sophisticated and harder to detect, students at Berkeley Law’s Digital Rights Project (DRP) are taking a stand to protect civil liberties and privacy rights. The group, part of the Pro Bono Program at Berkeley Law, focuses on the intersection of technology, constitutionally-protected freedoms, and social justice.

Recently, working with the ACLU of Northern California, the DRP helped secure a major victory for privacy. Google announced a policy change that will severely limit the use of geofence warrants by law enforcement agencies in San Francisco. Geofence warrants create an invisible boundary around a person or group of people, allowing law enforcement to track mobile devices within that area. However, these warrants raise significant Fourth Amendment concerns as they can capture data from individuals who have no relation to the legal search.

Under the guidance of ACLU attorneys, DRP students reviewed thousands of warrants issued in San Francisco from 2018 to 2021. They found that geofence warrants were casting a wide net, capturing data from people in various locations, including churches, medical centers, hotels, stores, and private homes, without their knowledge or consent.

The study also revealed that geofence warrants disproportionately affect people of color, as they are more likely to be used in certain neighborhoods. The students’ efforts, detailed in a recent ACLU report, led to Google’s policy change and showcased the impact of committed student advocacy.

DRP co-leader Anan Hafez ’25 expressed the importance of the project, stating, “The fight for civil rights is increasingly becoming a battle over how technology is used in places like courtrooms and by police departments. Future lawyers hoping to make a difference can only be successful if they understand how technology works and actively work on solutions to protect those vulnerable to tech-based injustices.”

The geofence victory not only had a significant impact on privacy rights but also shaped the perspectives of the students involved. Emily Welsch ’25 shared, “Doing hands-on work through DRP has truly been an invigorating opportunity and motivating force throughout my time in law school.”

Overall, the Digital Rights Project at Berkeley Law continues to be a driving force in advocating for privacy rights and ensuring that technology serves justice, not just efficiency. The students’ dedication and commitment to protecting civil liberties highlight the power of informed and persistent action in the fight for digital rights.