Search Warrant

News & Analysis as of

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may...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

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

IPhone Access Gets Attention, 'Stingrays' Fly Under The Radar

While eyes have been peeled on the U.S. Department of Justice's efforts to obtain a court order to hack the iPhone of one of the San Bernardino killers, garnering far less scrutiny is law enforcement’s more routine use of...more

Apple vs. FBI: The House Judiciary Committee Hearing and Takeaways

Among the major headlines dominating not only the recent news cycle, but also this week’s RSA Conference in San Francisco, has been Apple’s challenge to the federal government’s request that Apple assist in unlocking the...more

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

Spies, Hacking & Civil Liberties in the UK

In late 2015, Theresa May, the UK Home Secretary introduced the Investigatory Powers Bill (the “Bill”). Mrs May stated that the Bill was introduced to ensure that surveillance laws are “modern, fit for purpose and can...more

The California Electronic Communications Privacy Act – California Takes the Lead on Digital Privacy in the U.S.

California, home of many of the world’s largest technology companies, has long been at the forefront of protecting personal electronic information in the United States. California adopted the nation’s first data breach...more

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,...more

What to Do When You Are Served With a Search Warrant

Most business executives and officers lack the training and preparation to deal effectively with a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of...more

Competition & Regulation Update - What to Do if the ACCC Come Knocking: Practical Tips for Responding to Section 155(1)(A) and (B)...

The Australian Competition & Consumer Commission (ACCC) has broad powers to investigate suspected breaches of the competition and consumer provisions of the Competition and Consumer Act (CCA), including the use of coercive...more

SEC Enforcement Director Tells House Judiciary Committee That Investigation Agencies Should Not Need Warrants to Access to Email...

On Tuesday, Andrew Ceresney, Director of the Securities and Exchange Commission’s Division of Enforcement, told the House Judiciary Committee that the Email Privacy Act (H.R. 699) and the Electronic Communications Privacy...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

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

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

Supreme Court denies cert in case involving cell location privacy rights

On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146 asking (1) whether the acquisition of a cell phone user’s location data from his cellular service provider constitutes a...more

Should Smartphone Manufacturers Be Legally Compelled to Unlock Users’ Devices?

Picture this: A criminal defendant is indicted for three counts related to the possession of methamphetamine, and federal prosecutors obtain a warrant for the defendant’s iPhone. But the iPhone is passcode protected, and...more

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

Every year, millions of dollars are lost by finance companies and dealerships due to fraud and identity theft related crimes. Even worse, due to the lack of accurate personal information on an identity theft suspect,...more

California Enacts More Sweeping Data Privacy Laws

Perennially leading the country — and challenging companies to keep up — California has, for the third time in three years, enacted several new data laws, including a groundbreaking digital privacy law and amendments to its...more

New California Law Expands Privacy Rights Applicable To Electronic Data

On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA” or the “Act”), sponsored by Senator Mark Leno (D-San Francisco). The Act requires law...more

California Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill

On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies...more

California Electronic Communications Privacy Act signed by Governor

Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

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