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Fourth Amendment Electronic Communications

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 -
Constangy, Brooks, Smith & Prophete, LLP

Tracking Employees In The Age Of COVID-19

Monitoring employees isn’t a new or novel idea. Companies have long debated the merits of video surveillance in the workplace, tracking employee vehicles with GPS, or monitoring employee movements via a smartphone...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds That Internet Service Provider Was Not A Government Actor Under the Fourth Amendment

In United States v. DiTomasso, Defendant was convicted of producing child pornography and transporting and distributing child pornography in the Southern District of New York.  ...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

White and Williams LLP

United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act

On Tuesday, February 27, 2018, the US Supreme Court heard oral argument in connection with an ongoing dispute between the Department of Justice (DOJ) and Microsoft over data in the corporation’s datacenter in Ireland. At the...more

A&O Shearman

The Supreme Court Hears Oral Arguments In United States v. Microsoft

A&O Shearman on

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

Gray Reed

Is Your Company Email to Santa Protected?

Gray Reed on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Farella Braun + Martel LLP

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Miles & Stockbridge P.C.

Supreme Court to Review Digital Privacy (Part 1)

In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more

King & Spalding

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations

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Experienced practitioners know that the purpose of the attorney-client privilege is to protect the confidentiality of client communications. Thus, as company policies that allow monitoring of emails or provide third party...more

King & Spalding

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

King & Spalding on

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

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

McGuireWoods LLP

Microsoft Sues Justice Department Claiming Statute That Authorizes “Gag Orders” Is Unconstitutional

McGuireWoods LLP on

Adding to the number of recent, high-profile confrontations between the government and tech companies concerning the limits of government investigations and the protection of privacy interests, last week, Microsoft filed a...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

Locke Lord LLP

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

Locke Lord LLP on

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...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

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