Constitutional Law Electronic Discovery Privacy

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Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Changes Come to Confidentiality of Florida Court Filings

As the judicial branch transitions toward acquiring, maintaining, and distributing court records electronically, the Supreme Court of Florida has viewed the confidentiality of a narrow set of records as a...more

THERE IS NO REAL PRIVACY ON FACEBOOK AND OTHER SOCIAL NETWORKS

If you get sued in court, will your Facebook privacy settings protect you from opposing counsel’s request for electronic discovery? If that information is material and necessary for the opposition’s case and the...more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more

Jason O'Grady, Monish Bhatia, & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Petitioners & Non-Party Journalists Jason O'Grady, Monish Bhatia, and Kasper Jade's Reply to Apple Computer, Inc.'s Opposition

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

John Doe v. 2TheMart.com, Inc.

Reply Memorandum In Support Of Motion To Quash

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

InfoSpace, Inc.'s Memorandum In Response To Motion Of Doe To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Defendant's Brief In Opposition To Motion Of John Doe To Proceed Under Pseudonym

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Order Granting Doe's Motion To Proceed Under Pseudonym And To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Memorandum In Support Of Motion To Quash Subpoena Issued To Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Motion of J. Doe to Quash Subpoena Issued to Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

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