Category Archives: Privileges

NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration

NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration (“‘End-to-end encryption’ has gone mainstream, which means tech companies can’t decrypt messages even when law enforcement has a warrant. The Trump administration says that’s taking privacy too far.”)

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SSRN: Decryption Originalism: The Lessons of Burr

SSRN: Decryption Originalism: The Lessons of Burr by Orin S. Kerr. Abstract:

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CA3: Civil contempt for failing to provide password to computers and other devices for search was limited to 18 months

Petitioner has been held for three years for civil contempt for failure to provide encryption data for his computer and other devices so they could be searched under a warrant. The punishment for civil contempt can’t exceed the life of … Continue reading

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MI: Civil discovery must comply with the 4A; here a cell phone search

Civil discovery must comply with the Fourth Amendment. Here, there was an order to turn over a cell phone for forensic evaluation, and it was essentially based on probable cause. Attorney-client privilege must also be protected. Martin v. Martin, 2020 … Continue reading

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Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules

Bloomberg Law: INSIGHT: State Investigations—50 Takes on Subpoena, Privilege, Document Rules by Brendan Parets:

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Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception

Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception by Leonard Deutchman (“In this month’s article, I will review Davis and discuss its reasoning and what the foregone conclusion exception, in the age of computer passwords, tells us about … Continue reading

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The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor?

The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor? by Frank Ready (“Apple once again finds itself in the crosshairs of another encryption debate, but placing constant pressure on the company and other tech giants may … Continue reading

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NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected

NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected by Suzette Parmley (“The case ‘could cause the court to diverge on constitutional amendments’ and have a seminal impact, Justice Barry Albin said during the arguments at the Richard … Continue reading

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

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E.D.Mich.: USAO taint team rejected in federal death penalty case; a master will be appointed

In a federal death case, the court adopts the Sixth Circuit’s rejection of a USAO’s taint team handling and reviewing prison phone calls. United States v. Castro, 2020 U.S. Dist. LEXIS 7435 (E.D. Mich. Jan. 16, 2020):

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NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones?

NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones? By Jack Nicas (“There are tools to crack into the phones at the center of a new dispute over encryption. But the F.BI. says it still needs Apple’s aid.”)

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NPR: Decrypting The Decryption Dilemma

NPR: Decrypting The Decryption Dilemma (1A, one hour, “Should the government be able to access the locked phones of convicted or accused criminals? That issue has cropped up again after the FBI asked Apple to provide data on two iPhones … Continue reading

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