Category Archives: E-mail

N.D.Cal.: Google mail stored overseas but only accessible from U.S. subject to SW here

The Stored Communications Act can apply extraterritorially when the data is stored overseas but it can only be accessed from Google here in the U.S. In re Search of Content that is Stored at Premises Controlled by Google, 2017 U.S. … Continue reading

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TN: Defense can’t use state SDT to get access to witness’s stored communications under SCA

The State lacked standing to challenge the subpoenas issued to its witnesses and electronic communications service providers seeking cell phone and social media communications because it had no personal right, privilege, or proprietary interest in the electronic communications at issue, … Continue reading

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D.Neb.: There is no REP in jail calls

Defendant’s jail calls were known by him to be subject to monitoring, and he had no reasonable expectation of privacy in them. There was probable cause for the search warrant for defendant’s email, giving the magistrate’s finding the due deference … Continue reading

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NYTimes Sunday Review: Trump Is President. Now Encrypt Your Email.

NYTimes Sunday Review: Trump Is President. Now Encrypt Your Email. by Max Read:

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MO: Using software to sort through publicly available information does not violate any REP

The use of software to sort through publicly available information does not violate any reasonable expectation of privacy. Shumate v. State, 2017 Mo. App. LEXIS 227 (March 28, 2017).* Playpen warrant sustained. United States v. Gaver, 2017 U.S. Dist. LEXIS … Continue reading

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W.D.Va.: Two emails showed PC to believe two email accounts would have evidence of money laundering

The facts before the USMJ, based on two emails, showed probable cause to believe that defendant’s two email accounts would have further evidence of money laundering. United States v. Bradley, 2017 U.S. Dist. LEXIS 43719 (W.D. Va. March 24, 2017). … Continue reading

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NYLJ: Facebook, DA Argue Over Constitutionality of Search Warrants

NYLJ: Facebook, DA Argue Over Constitutionality of Search Warrants by John Stashenko:

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Tenth Amendment Center: Montana House Passes Bill Taking on Warrantless Electronic Data Collection

Tenth Amendment Center: Montana House Passes Bill Taking on Warrantless Electronic Data Collection: HELENA, Mont. (Feb. 7, 2017) – Yesterday, the Montana House passed a bill that would require police to get a warrant in order to obtain electronic communication … Continue reading

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WaPo: New York Court of Appeals to hear argument in ‘In re 381 Search Warrants’ case

WaPo: New York Court of Appeals to hear argument in ‘In re 381 Search Warrants’ case by Orin Kerr:

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NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act

NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act

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