B. The Pervasiveness of Smart Meters Undermines Any Asserted Expectation of Privacy from Their Use as a Means to Gather Electricity Usage Information.
V. ASSERTIONS BY THE APPELLANT AND ITS AMICI THAT SMART-METER DATA REVEALS PRIVATE ACTIVITY WITHIN THE HOME ARE UNSUBSTANTIATED, AND ILLOGICAL.
Background:
Naperville Smart Meter Awareness’ lawsuit against the city of Naperville on the basis of privacy violation is now in the Seventh Circuit Court of Appeals.
From Naperville Smart Meter Awareness:
In 2011 we filed a lawsuit against Naperville’s city-owned electric utility in United States Federal Court after they mandated “Smart meters” be installed on every home and business. Our case asks only for an analog electric meter option and nothing else.
…We have retained the prominent Chicago law firm of Thompson Coburn, LLP to take the case to the 7th Circuit Court of Appeals.
…Our appeal brief was filed in late February. We gained support for the case from Privacy International and the Electronic Frontier Foundation. These internationally respected organizations agreed to be listed as Friends of the Court. They produced an amicus brief that was admitted by the court, further strengthening our case.
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.
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On May 19, the American Public Power Association, the Edison Electric Institute, and the National Rural Electric Cooperative Association filed an amicus brief supporting the city of Naperville.
The main points of the brief are:
I. SMART METERS, ONCE NOVEL, ARE NOW A PERVASIVE PART OF THE NATION’S ENERGY INFRASTRUCTURE.
A. Smart Meters Have Become a Pervasive Tool in the Effort to Achieve Greater Energy Efficiency.
B. The Pervasiveness of Smart Meters Undermines Any Asserted Expectation of Privacy from Their Use as a Means to Gather Electricity Usage Information.
II. ONE REASON FOR THE PERVASIVE USE OF SMART METERS IS THEIR VALUE IN MAINTAINING A HEALTHY ENERGY GRID.
III. SMART METERS ALSO HELP UTILITIES CONTROL AND REDUCE RATES BY REDUCING OPERATIONAL COSTS.
IV. THE CITY’S SMART-METER PROGRAM IS REASONABLE WHEN THESE STRONG GOVERNMENT INTERESTS ARE BALANCED AGAINST THE NONEXISTENT OR MINIMAL INVASION OF ANY LEGITIMATE EXPECTATION OF PRIVACY.
V. ASSERTIONS BY THE APPELLANT AND ITS AMICI THAT SMART-METER DATA REVEALS PRIVATE ACTIVITY WITHIN THE HOME ARE UNSUBSTANTIATED, AND ILLOGICAL.
VI. THE ABILITY OF PRIVACY ADVOCATES TO HYPOTHESIZE HOW MUNDANE DATA REGARDING A CUSTOMER’S CURRENT ENERGY USE COULD CONCEIVABLY BE PUT TO PERNICIOUS USE SHOULD NOT GIVE RISE TO A NEW CONSTITUTIONAL LIMITATION.
Smart Meter Harm 