Category Archives: Subpoenas / Nat’l Security Letters

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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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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