News & Analysis as of

Electronically Stored Information Criminal Investigations

Cimplifi

Going Mobile: Mobile Device Data in Criminal Investigations

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While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...more

Cimplifi

Going Mobile: The Current Landscape of Mobile Device Discovery

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There is no doubt that mobile devices have become a constant in our daily lives. We take them everywhere and we can’t seem to live without them, even for a few short hours. In fact, you may be reading this very blog on your...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

The Volkov Law Group

DOJ Outlines Compliance Expectations Relating to Preservation of Data from Messaging Applications (Part III of III)

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The Justice Department finally released its new policy to improve corporate preservation of data generated by executives and employees.  In this new technology era, companies have had significant gaps in collecting and...more

J.S. Held

Protect What You Produce: Practical eDiscovery Lessons Learned from the Alex Jones Case

J.S. Held on

Making crucial errors in eDiscovery can prove detrimental to both lawyers and their clients. Nowhere is this more apparent than in the case of the Sandy Hook parents who won a $49.3 million judgment, including $45.2 million...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part Two

This article is Part Two of the blog Inadvertently Disclosed Warrant For Apple iCloud Data. Items To Be Seized – Search Procedures - In Attachment B to the Application, entitled, Items To Be Seized, the government describes...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

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Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

Steptoe & Johnson PLLC

Electronic Data Proves Pivotal in Kevin Spacey Cases

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Preservation of electronically stored information (ESI) is steadily becoming a determining component in modern-day litigation. Last year, criminal and civil actions against actor Kevin Spacey Fowler arising from an alleged...more

White & Case LLP

Data Sharing Without Borders

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UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...more

Bond Schoeneck & King PLLC

The CLOUD Act: Where International Data Privacy and Law Enforcement Collide

The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more

Jones Day

Evidence Collection in Criminal Investigations: Cross-Border Issues and Corporate Employee Considerations

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In this age of heightened international enforcement of corporate crime, it is critical that companies be prepared for the possibility that government authorities will employ a variety of investigative techniques to obtain...more

Davis Wright Tremaine LLP

“CLOUD”s On the Horizon – How Law Enforcement Electronic Data Requests Are Going Global

Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records....more

WilmerHale

What to Expect From the US-UK Data Access Agreement

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The UK and the US signed a new data-sharing agreement on 3 October designed to facilitate the exchange of evidence and enhance co-operation between the two countries and their respective investigatory authorities. The first...more

Eversheds Sutherland (US) LLP

The CLOUD Act - A cross-border data access agreement rises from the fog

On October 3, 2019, the United States and the United Kingdom entered into the world’s first ever agreement (the Agreement) under the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), the text of which has now become...more

Farella Braun + Martel LLP

Unreviewed Preservation Requests Likely to Continue

The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more

Fox Rothschild LLP

EU Agencies Issue Joint Response On Impact Of US CLOUD Act

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“Currently, unless a US CLOUD Act warrant is recognized or made enforceable on the basis of an international agreement, the lawfulness of such transfers of personal data cannot be ascertained” – EDPB/EDPS Joint response on...more

Reveal

Two Murder Investigations in the Last Week Highlight eDiscovery’s Role in Criminal Investigations

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Two recent murder cases have again highlighted the use of electronic forensics to solve cases that only a few decades ago, would have been difficult to crack in the relatively short time frame between the crime and the...more

Hanzo

Real-World Social Media Investigations: Omar and Jenny Ambuila

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You know what’s helpful when you’re trying to keep a multimillion-dollar international bribery scheme going? A bachelor’s degree in finance. And, if the allegations against Omar Ambuila and his family are true, he figured out...more

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

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Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more

Kelley Drye & Warren LLP

DOJ Releases CLOUD Act White Paper and FAQ

Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

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On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more

A&O Shearman

Growing pressure on technology companies to disclose customer data quickly

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The U.S., EU and the UK authorities have taken steps to make it much easier and quicker for criminal investigators to access electronic data stored abroad. Digital evidence is required in many cases – around 85% of EU...more

Patterson Belknap Webb & Tyler LLP

New Utah Privacy Law Requires Search Warrant

Companies from California to New York are already scrambling to comply with a growing patchwork of privacy laws covering both businesses and consumers....more

Hogan Lovells

Demystifying the U.S. CLOUD Act - Assessing the law’s compatibility with international norms and the GDPR

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Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage...more

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