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Tech Rally – Industry Giants Back Google's Play to Protect Data

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

Odor of Marijuana Grounds for Vehicle Search

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

To Obtain Data Abroad, Government Just Googles It

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland. That warrant,...more

Law Enforcement Permitted To Obtain GPS Location Data Without A Warrant In A Sex Trafficking Investigation

In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

Criminal Mugshots Are Privacy-Protected Says Divided Sixth Circuit Panel

A deeply divided en banc panel of the U.S. Court of Appeals for the Sixth Circuit held that federal authorities can withhold criminal booking photos requested by the public pursuant to the Freedom of Information Act (“FOIA”)....more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

Second Circuit: Stored Communications Act Warrants Cannot Reach Overseas Data

On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more

Senate Rejects Amendment That Would Expand The FBI’s Data Collection Powers

On Wednesday, June 22, the U.S. Senate voted down a proposal that would have expanded the Federal Bureau of Investigation’s (“FBI”) ability to obtain internet records from technology companies. The measure, a proposed...more

"Cross-Border Investigations Update - June 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a look at recent cases and enforcement trends, including proposed amendments to China’s commercial bribery law, the use in U.S. courts of compelled...more

DOJ Criminal Chief Continues Push For More Access To Encrypted Data

On June 6, 2016, during a speech at a Cybercrime Symposium co-organized by the Centers for Strategic and International Studies and the Department of Justice’s (“DOJ”) Computer Crime and Intellectual Property Section,...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]...more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

Are Changes in Store for the Stored Communications Act?

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Seventh Circuit Eliminates “Consent Once Removed” Doctrine

If a business invites an employee, customer, or business associate onto its premises, has it consented to a search by government agents? Under the “consent once removed” doctrine, the answer may be yes if the invited...more

Ninth Circuit Addresses Probationers’ Cell Phone Searches by Police

The centrality of cell phones to our daily lives, and the wide array of sensitive information those phones may carry, creates a complex and ever-evolving series of issues over the amount of privacy we can expect to be...more

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Cybersecurity

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