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Fourth Amendment Electronic Communications Privacy Act

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Kelley Drye & Warren LLP

Spotlight on Data Sales and the Fourth Amendment: Two Bipartisan Bills in the House   

With so much going on in the privacy space, it can be hard to keep track of everything. For example, while you were struggling to keep pace with rapidly advancing state privacy laws, FTC and EU privacy developments, market...more

Fisher Phillips

Email Privacy Act Headed For U.S. Senate Consideration

Fisher Phillips on

On July 13, 2018, over 50 civil liberties groups, technology companies, and associations submitted a joint letter to Congress in support of the Email Privacy Act (EPA), which was recently included in the House-passed version...more

Jaburg Wilk

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Pierce Atwood LLP

Filling the Void in Internet Privacy: Time to Turn to the Courts (Again)

Pierce Atwood LLP on

Now that the U.S. government has overturned the FCC’s privacy regulations, are courts more likely to step in to protect the Internet privacy rights of individuals?...more

Pierce Atwood LLP

U.S. Government’s Assault on Internet Privacy – Where Do We Go From Here?

Pierce Atwood LLP on

The U.S. government’s action this week overturning the FCC’s recently passed privacy regulations and stripping the FCC’s authority to implement similar privacy regulations in the future, whether one agrees or disagrees with...more

Bracewell LLP

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

Bracewell LLP on

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

Proskauer - Minding Your Business

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

McGuireWoods LLP

House Sends Email Privacy Act Amendments to Senate

McGuireWoods LLP on

On April 29, 2016, in a 419-0 vote, the U.S. House of Representatives passed a bill to amend the 30-year-old Electronic Communications Privacy Act of 1986 (ECPA) to eliminate an exception to the government warrant requirement...more

BakerHostetler

Government Access to Private Data: Microsoft Opens a New Front in the Battle for Consumer Privacy

BakerHostetler on

Prior to the Information Age, sensitive papers were stored in file cabinets and drawers. When home computers arrived, information was digitized and moved to hard drives or other electronic media, still possessed by the user....more

Patterson Belknap Webb & Tyler LLP

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

King & Spalding

The U.S. Senate Judiciary Committee Holds Hearing To Discuss Reforms To The Electronic Communications Privacy Act

King & Spalding on

The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more

The Volkov Law Group

SEC Seeks Increased Access to Email

The Volkov Law Group on

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

JD Supra Perspectives

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

JD Supra Perspectives on

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

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