Category Archives: ECPA

W.D.Mich.: No REP in overheard unethical ex parte communication with a judge

An ex parte communication between lawyers and a judge overheard on an open phone line of a part of a call that hadn’t been completely disconnected has no reasonable expectation of privacy. Ideally, there woud be a reasonable expectation of … Continue reading

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D.D.C.: Messages through Airbnb’s website and app are governed by ECPA

A search warrant under ECPA to Airbnb was granted. Through its website and app, Airbnb allows messaging, and that makes it subject to ECPA. The government needs to determine which part of this can be unsealed to not compromise an … 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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The Hill: Digital privacy bill still abandons probable cause for our papers

The Hill: Digital privacy bill still abandons probable cause for our papers by Mark J. Fitzgibbons

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The Hill: It’s time for Congress to update the law governing digital surveillance

The Hill: It’s time for Congress to update the law governing digital surveillance by Jonathon Hausenschild:

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EFF: Montana Protects Communications Privacy, But Allows Gag Orders

EFF: Montana Protects Communications Privacy, But Allows Gag Orders by Andrew Crocker and Adam Schwartz (which EFF says violate the First Amendment).

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N.D.Ill.: Viewing def’s Facebook page isn’t a 4A violation

Viewing defendant’s public Facebook is [hardly] a Fourth Amendment or Stored Communications Act claim. United States v. Khan, 2017 U.S. Dist. LEXIS 82493 (N.D. Ill. May 31, 2017):

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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

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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

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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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