Category Archives: E-mail

D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

Defendant’s government work emails were searched without a warrant, and it’s clear, based on warnings on the computer at every sign in and regular training, that he was well aware everything on the computer has no reasonable expectation of privacy. … Continue reading

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D.Idaho: Failure to tell USMJ that a trash pull came up empty wasn’t material when there was more that did show PC; wouldn’t have changed outcome

Omission to tell the USMJ that a trash search of defendant’s house came up empty didn’t undermine the other probable cause, wouldn’t have changed the outcome, and wasn’t a Franks issue. The same here about defendant’s alleged travels: Omissions don’t … Continue reading

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D.Nev.: Email SW limited to a date range and containing keywords was particular

Email search warrant limited to a date range and containing keywords was particular. United States v. Cariani, 2019 U.S. Dist. LEXIS 177059 (D. Nev. Oct. 10, 2019):

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WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers by Tim Prudente:

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N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

The Terms of Service of Yahoo! email provide defendant no reasonable expectation of privacy in child pornography that was transmitted by its service. In addition, Yahoo!’s search was a private search. United States v. Wolfenbarger, 2019 U.S. Dist. LEXIS 148822 … Continue reading

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EFF: Faulty Court Ruling That Threatens to Gut Groundbreaking Privacy Statute CalECPA Must Be Reversed

EFF: Faulty Court Ruling That Threatens to Gut Groundbreaking Privacy Statute CalECPA Must Be Reversed by Karen Gullo: EFF and the ACLU of Northern California urged a California appeals court last week to reverse a judge’s wrongheaded and dangerous ruling … Continue reading

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Reason: Volokh Conspiracy: Fourth Circuit Deepens the Split on Accessing Opened E-Mails

Reason: Volokh Conspiracy: Fourth Circuit Deepens the Split on Accessing Opened E-Mails by Orin Kerr Courts have been struggling with this issue for years, and now the law is even more divided than before.

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ACLU blog: The Government Cannot Force E-mail Companies to Copy and Save Your Account ‘Just in Case’

ACLU blog: The Government Cannot Force E-mail Companies to Copy and Save Your Account ‘Just in Case’ by Melodi Dincer & Kristin M. Mulvey:

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S.D.N.Y.: No standing in an email account def didn’t open and disavows

Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading

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S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

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WSJ: How to Protect Your Email Inbox From Snoopers

WSJ (sub. req.): How to Protect Your Email Inbox From Snoopers by Douglas MacMillan: An email inbox is a vault of secrets. In recent years, millions of users have been giving out the combination.

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