NAPERVILLE SMART METER v. CITY OF NAPERVILLE

No. 16-3766.

900 F.3d 521 (2018)

NAPERVILLE SMART METER AWARENESS, Plaintiff-Appellant, v. CITY OF NAPERVILLE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2018.


Attorney(s) appearing for the Case

David Lee Gulbransen, Jr. , Attorney, Law Office of David Gulbransen, Oak Park, IL, for Plaintiff-Appellant.

Kristen Foley , Attorney, Michael DiSanto , Attorney, City of Naperville, Naperville, IL, for Defendant-Appellee.

David A. Greene , Attorney, Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation.

Caroline Elizabeth Wilson Palow , Attorney, Privacy International, London, Greater London, EC1M 5UY, United Kingdom, for Amicus Curiae Privacy International.

John M. Baker , Attorney, Green Espel PLLP, Minneapolis, MN, for Amicus Curiae American Public Power Association.

Before Wood, Chief Judge, and Bauer and Kanne, Circuit Judges.


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...

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