Category Archives: Gag orders

E.D.N.Y.: Gov’t doesn’t satisfy burden for gag order re grand jury subpoena for email records

The government’s conclusory statement in a grand jury subpoena that a gag order was needed is inadequate to satisfy the requirement of the Stored Wire and Electronic Communications and Transactional Records Access, 18 U.S.C. § 2701 et seq. In re … Continue reading

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D.Nev.: Application for gag order against GJ witnesses was insufficient

An application for a gag order against grand jury witnesses was insufficient. “The application as currently submitted fails to establish sufficient grounds for a non-disclosure order. First, a particularized showing of need has not been made and, instead, the application … Continue reading

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California Lawyer: Gag Orders on Grand Jury Subpoenas to Banks: The Next First Amendment Frontier?

California Lawyer: Gag Orders on Grand Jury Subpoenas to Banks: The Next First Amendment Frontier? by Joshua M. Robbins & Adam M. Sechooler: It is not uncommon for federal prosecutors to use grand jury subpoenas to force banks to produce … Continue reading

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Vox: The police can search your email without telling you. That’s nuts.

Vox: The police can search your email without telling you. That’s nuts. by Hannah Bloch-Wehba: So much of our lives today are conducted online that it’s essential that we know who has access to our information. And that’s especially true … Continue reading

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Just Security: Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

Just Security: Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines By Ali Cooper-Ponte:

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CNET: Microsoft drops suit over Justice Dept.’s secret data requests

CNET: Microsoft drops suit over Justice Dept.’s secret data requests by Steven Musil: The move comes after the Justice Department says it would scale back demands for customer data without their knowledge. WaPo: Justice Department moves to end routine gag … Continue reading

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E.D.N.Y.: Under SCA, govt has to show disclosure of inquiry to target “will” hamper investigation, not just “may”

The gag order provisions of the SCA requires the government show that disclosure “will” hamper the investigation, but the government only showed “may,” and that’s not enough. Denied without prejudice to show “will.” In re Grand Jury Subpoena, 2016 U.S. … Continue reading

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WaPo: Facebook says it shouldn’t have to stay mum when government seeks user data

WaPo: Facebook says it shouldn’t have to stay mum when government seeks user data by Ann E. Marimow: Major technology companies and civil liberties groups have joined Facebook in a closed courtroom battle over secret government access to social media … Continue reading

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The Guardian: Facebook among tech firms battling gag orders over government surveillance

The Guardian: Facebook among tech firms battling gag orders over government surveillance by Olivia Solon:

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