Category Archives: E-mail

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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E.D.Pa.: Google must turn over e-mails stored offshore, disagreeing with CA2

Google has to turn over e-mails stored overseas under a search warrant received here, disagreeing with Second Circuit. The court also notes that seeing an email might not be a seizure, contrary to Rule 41 and Jones protecting “information.” In … Continue reading

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FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained

When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading

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The Hill: Congress must restore 4th Amendment protections for email privacy

The Hill: Congress must restore 4th Amendment protections for email privacy by Brian McNicoll: Additionally, unfettered access to private emails does not seem to comport with the Fourth Amendment protections against search and seizure without a duly sworn warrant. Congress … Continue reading

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EFF: When the Law Stands in the Way of Tech Companies Standing Up for Their Users

EFF: When the Law Stands in the Way of Tech Companies Standing Up for Their Users by Andrew Crocker: It’s no secret online service providers hold tons of sensitive data about their customers, which is why EFF calls on companies … Continue reading

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Bloomberg: Microsoft Asserts Clients’ Rights in FBI E-Mail Searches Fight

Bloomberg: Microsoft Asserts Clients’ Rights in FBI E-Mail Searches Fight by Kartikay Mehrotra: –First hurdle is convincing judge it can sue on their behalf –Tech industry says future of mobile, cloud computing at stake

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E.D.Pa.: Seizure of years of emails by SW for later discriminating search was still reasonable

This email search warrant sought specific information over a several year period, and the Google production was somewhat limited yet still substantial. Yet, included were emails between attorney and client and there were no search protocols. The court declines to … Continue reading

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Reuters: Yahoo email scan shows U.S. spy push to recast constitutional privacy

Reuters: Yahoo email scan shows U.S. spy push to recast constitutional privacy by Joseph Menn: Yahoo Inc’s secret scanning of customer emails at the behest of a U.S. spy agency is part of a growing push by officials to loosen … Continue reading

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ACLU.org: In Federal Appeals Court for Wikimedia v. NSA: Here’s How It Went

ACLU.org: In Federal Appeals Court for Wikimedia v. NSA: Here’s How It Went by Jim Buatti & Aeryn Palmer: Originally posted on Wikimedia’s blog.

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OH10: E-mail SW was not overbroad considering it sought evidence of solicitation of minors and the actual execution was limited

The e-mail search warrant in this case authorized the search of “any and all” e-mails. It was reasonable for the issuing magistrate to conclude that e-mails in the e-mail account predating the exchanges between a person answering an advertisement for … Continue reading

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E.D.N.Y.: Def agrees that govt can have his emails, so Rule 41 SW isn’t appropriate; use consent or other court order instead

Because the indicted and debriefed defendant freely consents to disclosure of his email account, the request for a Rule 41 search warrant for it is therefore denied. The government can get it by subpoena or other court order. In the … Continue reading

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TN: Def’s children were missing after he was arrested for shooting his wife, so entry into house was based on exigency

Defense counsel wasn’t ineffective for not challenging the warrantless entry into defendant’s home. He was apprehended for shootings including shooting his wife, and their children were unaccounted for. The entry was valid based on exigency. Therefore, no IAC. Jordan v. … Continue reading

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