Criminal Law Science, Computers & Technology Electronic Discovery

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Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

An Attempt For ECPA Reform

Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more

Foreign Data Center Subject to Reach of U.S. Government

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

Status Updates - July 2014 #3

..A relatively new site called Wanelo combines the features of a social media site and an e-commerce site by permitting users to “save” products that they are interested in, and showing them to their online friends. The site...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

BB&K Police Bulletin: Warrant to Search Electronic Records - Court Upholds Search of Computer and Storage Devices for Child...

Overview: The Ninth Circuit Court of Appeals recently found that probable cause supported a warrant authorizing the electronic search of computer equipment and digital storage devices belonging to a suspected child...more

Top 5 Ediscovery Case Summaries – May 2013: Illinois - Court Looks to Circumstantial Evidence to Rely on Evidence from MySpace

People v. Kucharski, 2013 WL 1281844 (Ill. App. 2nd Dist. Mar. 29, 2013). In this harassment through electronic communications case, the defendant allegedly posted lewd comments and offensive remarks on the victims...more

Cybercrimes and the Workplace

This article discusses that, in addition to civil liability that employment lawyers tend to be alert for in departing employee scenarios, departing employees can also be criminally liable for theft, misappropriation, or other...more

Privacy? You Don't Got No Stinkin' Privacy!

When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...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

South Africa publishes issue paper on electronic evidence in criminal and civil proceedings

The South Africa Law Reform Commission has approved the publication of its Issue Paper on “Electronic Evidence in Criminal and Civil Proceedings: Admissibility and Related Issues” for general information and comment. The...more

Bribing Witnesses with Text Messages, Cell Phones and Fake Email Accounts

In People v. McInnis, the Defendant was convicted of attempted witness bribery. The Defendant attempted to keep witnesses from testifying against the Defendant’s nephew, in the nephew’s trial for robbery and kidnapping. ...more

Criminal Defense Challenges in Computer Forensics

Computer forensic techniques may be unfairly applied in order to tip the scales of justice in the direction of prosecution. Particular areas that are known to be problematic for defense experts include: erroneous allegations...more

cyber attacks on corporates

cyber attacks on corporates have become common either by competitors or state sponsored actors of foriegn state, Security to organisations and legal compliance has become important...more

In Re: National Security Telecommunications Records Litigation

Class Action: Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points & Authorities in Support of...

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National...more

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