News & Analysis as of

Search Warrant

Judge Sides with Government over Google in the Latest Battle Rematch over the Territorial Reach of the SCA

Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more

Government Dismisses All Charges In Benjamin Wey Securities Fraud Case After U.S. District Judge Suppresses All Evidence Obtained...

by Shearman & Sterling LLP on

On August 8, 2017, the Government moved to dismiss all charges against Benjamin Wey, the CEO of New York Global Group charged with securities fraud, wire fraud, conspiracy, and money laundering. United States District Court...more

Supreme Court to Review Digital Privacy (Part 1)

by Miles & Stockbridge P.C. on

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

ECPA Reform Legislation on the Horizon (Again)

by Reed Smith on

Three bipartisan Senate bills are up for consideration in Congress that would attempt to modernize the legal standards under which the U.S. government can access communications electronically stored by email service providers...more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision

On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016 decision in which the U.S. Court of Appeals for the...more

Circuit Reverses Over-Expansive Forfeiture Order

On July 7, 2017, the Second Circuit (Jacobs, Leval, Raggi) issued a short summary order in United States v. Stegemann. Most of the order is dedicated to affirming the defendant’s conviction at trial on several drug and...more

OSHA Inspections are on the Rise: Will You Be Ready?

by Foley & Lardner LLP on

As employers, manufacturers are aware of their responsibility for knowing the safety standards applicable to their businesses. But many do not understand their rights and obligations during the inspection process. In recent...more

Senate Subcommittee Holds Hearing On Cross-Border Data Warrants

by King & Spalding on

On May 24, 2017, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on issues related to warrants for data stored abroad by U.S. entities and possible reforms of the Electronic Communications...more

Protecting Your Company and Your Employees During an ICE Raid

by Stoel Rives LLP on

In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs...more

Google Again Ordered to Produce Internationally Stored Data: eDiscovery Case Law

by CloudNine on

In the case In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017), California Magistrate Judge Laurel Beeler, noting that the “SCA regulates disclosure of data...more

Warrant Needed for “Black Box” Data in Florida

by Wilson Elser on

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement...more

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

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Facebook Warrant Case: Stark Debate and a Divided Court

We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan...more

Florida Court Extends Privacy Rights to Vehicle Black Box

In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....more

Court Orders Google to Turn Over Foreign-Stored Data

The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data....more

New York High Court Denies Facebook’s Challenge of Bulk Stored Communications Act Warrants

by Alston & Bird on

The Court of Appeals for the State of New York recently rejected Facebook’s appeal of its challenge to bulk search warrants issued pursuant to the Stored Communications Act (SCA) and separately challenged the warrants’...more

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the...more

Hot List – What’s Happening in the California Legislature 4/17-4/21

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Avoiding An ICE Raid

by Fisher Phillips on

It has been fewer than 100 days since Donald J. Trump became the 45th President of the United States of America. In this short time, there has been a flurry of immigration-related activity, which has caused the national...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

The Delphic Provision

by Hogan Lovells on

On 8 December 2014, the agreement between the three Departments of Mineral Resources (DMR), Environmental (DEA) and Water Affairs, also known as the “One Environmental System” became a reality. In principle, this was aimed at...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

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

by 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

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Cybersecurity

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