Law.com: What the DreamHost/DOJ Battle Says About Search Warrants in the Digital Age

Law.com: What the DreamHost/DOJ Battle Says About Search Warrants in the Digital Age by Rhys Dipshan:

Under the two-step approach, the legal seizure only occurs after authorities have access to a larger set of data. Such an approach usually is relied on when authorities do not know exactly what evidence they are looking for, but have reason to believe relevant information is in a certain physical or digital location.

But while commonly employed, the process is not without controversy, especially when applied to a digital search, said Michael Vatis, a partner at Steptoe & Johnson LLP.

“What’s really different about digital searches is that the amount of information that can be found on a computer or an email account is much greater, which greatly increases the risk that the government is rummaging through a lot of irrelevant material, far more than is the case with the searches of a house or some other physical location,” he said.

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