Category Archives: ECPA

NYLJ: Indefinite Gag Orders Under the Stored Communications Act

NYLJ: Indefinite Gag Orders Under the Stored Communications Act by Peter A. Crusco:

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CA2: Child prostitution exigency for warrantless cell phone ping

Defendant’s phone was pinged at the request of law enforcement to find him after they developed strong reason to believe he took a 16 year old girl from Maryland to NYC to work her as a prostitute. This type of … Continue reading

Posted in Cell phones, Cell site location information, ECPA, Emergency / exigency | Comments Off

WSJ: Companies Back Microsoft’s Effort to Alert Users When Authorities Seek Their Data

WSJ: Companies Back Microsoft’s Effort to Alert Users When Authorities Seek Their Data by Jay Greene Tech firms including Apple, Alphabet file briefs in support of software giant’s legal case

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D.Mass.: PC shown for white collar email search by declaration of investigator that email is commonly used

A federal search warrant issued by a USMJ in the District if Massachusetts could be served on an email provider in Florida under § 2703(b)(1)(A). The affiant’s statement that white collar defendants frequently use email to communicate was sufficient to … Continue reading

Posted in Computer searches, E-mail, ECPA, Probable cause | Comments Off

The Hill: Let’s close the email privacy loophole now

The Hill: Let’s close the email privacy loophole now by Patrick Leahy & Mike Lee: This week the House of Representatives took an historic step for Americans’ privacy rights. By an overwhelming vote of 419-0, it passed bipartisan legislation to … Continue reading

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The Intercept: Email Privacy Bill Passes House Unanimously

The Intercept: Email Privacy Bill Passes House Unanimously by Jenna McLaughlin: The House voted unanimously, 419-0, on Wednesday to bring the law that protects the privacy of Americans’ e-mails into the 21st century. The Email Privacy Act would reform the … Continue reading

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W.D.Okla.: Ping order not subject to exclusionary rule under ECPA

A cell phone ping order allegedly in violation of ECPA was not subject to suppression. The warrantless entry into the house was justified by exigent circumstances. United States v. Banks, 2016 U.S. Dist. LEXIS 53876 (W.D.Okla. April 22, 2016). The … Continue reading

Posted in Arrest or entry on arrest, DNA, ECPA, Good faith exception | Comments Off

Wired: California Now Has the Nation’s Best Digital Privacy Law

Wired: California Now Has the Nation’s Best Digital Privacy Law by Kim Zetter CALIFORNIA CONTINUED ITS long-standing tradition for forward-thinking privacy laws today when Governor Jerry Brown signed a sweeping law protecting digital privacy rights. The landmark Electronic Communications Privacy … Continue reading

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The Hill: Time for reform is now

The Hill: Time for reform is now by Richard Salgado: As the debate over electronic communications privacy escalates in Congress and around the country, I testified this week before the Senate Judiciary Committee to discuss this very issue. The hearing … Continue reading

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The Hill: Google: Government creating ‘distractions’ in email privacy debate

The Hill: Google: Government creating ‘distractions’ in email privacy debate by Mario Trujillo: Google and other tech advocates accused federal agencies Wednesday of creating “distractions” during the years-long debate on updating an email privacy law from the 1980s. “We certainly … Continue reading

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