Category Archives: E-mail

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:

Posted in E-mail, Prison and jail searches, Privileges | Comments Off on Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

S.D.N.Y.: Typo in SW for emails could be overlooked in “common sense,” nontechnical reading

There was a typo in the affidavit for search warrant for emails, and the government procured another. The typo wasn’t even material because a “common sense” reading of the whole affidavit shows it was typographical error that could be overcome. … Continue reading

Posted in E-mail, Warrant requirement | Comments Off on S.D.N.Y.: Typo in SW for emails could be overlooked in “common sense,” nontechnical reading

The Federalist: The Feds Don’t Need To Tell You Or Get A Warrant To Collect Your Emails And Phone Records

The Federalist: The Feds Don’t Need To Tell You Or Get A Warrant To Collect Your Emails And Phone Records by Leslie McAdoo Gordon.

Posted in Cell phones, E-mail | Comments Off on The Federalist: The Feds Don’t Need To Tell You Or Get A Warrant To Collect Your Emails And Phone Records

E.D.N.Y.: Email SWs are treated the same as hard drive warrants: The entirety may be seized so it can be searched by keyword

Email search warrants are treated the same as hard drive warrants: The entirety may be seized so it can be searched by keyword to find relevant material. Moreover, the good faith exception applies. United States v. Chalavoutis, 2019 U.S. Dist. … Continue reading

Posted in E-mail | Comments Off on E.D.N.Y.: Email SWs are treated the same as hard drive warrants: The entirety may be seized so it can be searched by keyword

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

Posted in Computer and cloud searches, E-mail, Reasonable expectation of privacy | Comments Off on D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

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

Posted in E-mail, Franks doctrine | Comments Off on 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

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):

Posted in E-mail, Particularity | Comments Off on D.Nev.: Email SW limited to a date range and containing keywords was particular

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:

Posted in E-mail, Privileges | Comments Off on WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

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

Posted in E-mail, Reasonable expectation of privacy | Comments Off on N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

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

Posted in E-mail, ECPA | Comments Off on EFF: Faulty Court Ruling That Threatens to Gut Groundbreaking Privacy Statute CalECPA Must Be Reversed

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.

Posted in E-mail | Comments Off on Reason: Volokh Conspiracy: Fourth Circuit Deepens the Split on Accessing Opened E-Mails

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:

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