Category Archives: Subpoenas / Nat’l Security Letters

E.D.N.Y.: Gov’t doesn’t satisfy burden for gag order re grand jury subpoena for email records

The government’s conclusory statement in a grand jury subpoena that a gag order was needed is inadequate to satisfy the requirement of the Stored Wire and Electronic Communications and Transactional Records Access, 18 U.S.C. § 2701 et seq. In re … Continue reading

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D.Nev.: Application for gag order against GJ witnesses was insufficient

An application for a gag order against grand jury witnesses was insufficient. “The application as currently submitted fails to establish sufficient grounds for a non-disclosure order. First, a particularized showing of need has not been made and, instead, the application … Continue reading

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PA: Even if HIPAA violated (it wasn’t), there’s no exclusionary remedy

Defendant’s medical records from the state he was extradited from were not unlawfully obtained under HIPAA or the Uniform Act for Obtaining Witnesses from Without State. A “subpoena” under the act includes subpoenas duces tecum. Moreover, even if HIPAA had … Continue reading

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TX13: If a motion to suppress was made under McNeely it would have been granted; def received IAC

Defense counsel’s misapprehension of the application of McNeely to blood test results was ineffective assistance of counsel. If a motion to suppress had been made, it would have been granted. Briggs v. State, 2017 Tex. App. LEXIS 10891 (Tex. App. … Continue reading

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CNET: Microsoft drops suit over Justice Dept.’s secret data requests

CNET: Microsoft drops suit over Justice Dept.’s secret data requests by Steven Musil: The move comes after the Justice Department says it would scale back demands for customer data without their knowledge. WaPo: Justice Department moves to end routine gag … Continue reading

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WaPo: When is a Facebook ‘like’ a crime?

WaPo: When is a Facebook ‘like’ a crime? by Ann E. Marimow: The U.S. attorney’s office for D.C. told a judge Friday that the government has ‘little interest’ in obtaining the names of thousands of people who ‘liked’ the Facebook … Continue reading

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Fortune: How the Justice Department’s Facebook Subpoenas Threaten Free Speech

Fortune: How the Justice Department’s Facebook Subpoenas Threaten Free Speech by Aziz Hug: In recent months, the U.S. Justice Department has issued subpoenas against Facebook and web host DreamHost for records of thousands, perhaps millions, of citizens who expressed interest … Continue reading

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E.D.N.Y.: Under SCA, govt has to show disclosure of inquiry to target “will” hamper investigation, not just “may”

The gag order provisions of the SCA requires the government show that disclosure “will” hamper the investigation, but the government only showed “may,” and that’s not enough. Denied without prejudice to show “will.” In re Grand Jury Subpoena, 2016 U.S. … Continue reading

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D.Utah: DEA SDT to Utah’s prescription database was reasonable and didn’t offend 4A; state law requires SW for access

The DEA, via authority of the AG, issued an administrative subpoena under 21 U.S.C. § 876(a) to the Utah prescription drug database for information on a particular user. Utah statute required a search warrant. The state and intervenors showed standing … Continue reading

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CA9: Intervenors show no standing to challenge admin. SDT to Oregon Prescription Drug Monitoring Program

Intervenors showed no Art. III standing to challenge the DEA’s administrative subpoenas to the Oregon Prescription Drug Monitoring Program. Art. III standing requires that they show independent standing to sue. Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement … 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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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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