Category Archives: Subpoenas / Nat’l Security Letters

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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NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account

NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account by Mike Isaac: Last month, the federal government issued a summons ordering Twitter to hand over information about an anonymous account that had posted messages critical of … Continue reading

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NY: Grant of a SW is not appealable before execution

A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading

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Ars Technica: Judge sides with Microsoft, allows “gag order” challenge to advance

Ars Technica: Judge sides with Microsoft, allows “gag order” challenge to advance by Cyrus Farivar Microsoft Corp. v. United States DOJ, 2017 U.S. Dist. LEXIS 18691 (W.D. Wash. Feb. 8, 2017) Court: “First Amendment rights may outweigh the Government interest … Continue reading

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OR: Adm subpoena was within agency’s power; third party doctrine issue saved for later with better facts

The administrative subpoena issued here by the Oregon Department of Consumer and Business Services was “squarely” within its statutory investigative power of regulating unregistered securities. “Given the factual and legal posture in which this issue arises, we resolve this case … Continue reading

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OR: Def’s SDT for narrow computer files of alleged rape victim was reasonable when it pertained to credibility

Defendant was accused of rape, and the victim told others she had searched Google for information about rape under Oregon law shortly afterward. Defendant sought production of her Google search history to attempt to attack her credibility. The state could … Continue reading

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E.D.Ky.: “Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than PC

“Reasonable cause” for production of taxpayer information from the IRS in a public corruption investigation is less than “probable cause.” USMJ denial of order overruled. In re United States for Taxpayer Return Information, 2016 U.S. Dist. LEXIS 119895 (E.D.Ky. Sept. … Continue reading

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TN: Administrative subpoena statute requires judicial enforcement, and that provides due process

The state unemployment office subpoenaed records from the plaintiff and it sued in state court under § 1983. The subpoena power is not unlimited and it is construed to comply with due process. Plaintiff refuses to comply, and the agency … Continue reading

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DE: Subpoena for blood test results from hospital records reasonable

Defendant was involved in an auto accident and treated at a hospital where his blood was drawn. The state’s attorney sought the test results by subpoena not search warrant, and the court finds this reasonable. This is not a case … Continue reading

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CA9: GJ subpoena for emails was unreasonably overbroad and should have been quashed

A grand jury subpoena for the Oregon former governor’s emails was overbroad and made no effort to limit the emails under investigation. Therefore, the district court should have quashed. In re Grand Jury Subpoena; United States v. Kitzhaber, 2016 U.S. … Continue reading

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