News & Analysis as of

Electronically Stored Information Criminal Prosecution

EDRM - Electronic Discovery Reference Model

Prosecutors and AI: Navigating Justice in the Age of Algorithms

AI has the potential to transform the criminal justice system through its ability to process vast datasets, recognize patterns, and predict outcomes. However, this potential comes with a profound responsibility: ensuring that...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

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

Venable LLP on

Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

Saiber LLC

A Communication Data Warrant or Wiretap Order - Which is needed for Law Enforcement to Obtain ESI from Facebook?

Saiber LLC on

In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more

Association of Certified E-Discovery...

The Practical and Potential Impact of Forensic Investigation

Something identified in the course of normal eDiscovery often turns a case into a forensics investigation. In a recent webinar, we examined several case studies, and here we dive a little deeper into one of the examples...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

Oberheiden P.C. on

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

Reveal

Top 10 eDiscovery articles of 2019

Reveal on

There were plenty of things happening in the world of eDiscovery this year, and the Ipro Newsroom was there to cover it – Here are our top 10 articles of 2019! ...more

Proskauer - New Media & Technology

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital...

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and...more

Reveal

Fitbit Data Provides Clues in Murder Case: eDiscovery & Criminal Investigation

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Once again, eDiscovery and emerging data sources are at the center of a criminal murder investigation. A recent article in Wired highlights how investigators used data from the victim’s Fitbit and a neighbor’s Ring digital...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

Proskauer - New Media & Technology

Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and...

Yesterday, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. (Mobley v. State, No. S18C1546). The...more

Hanzo

Fight Fire With Fire: Using Artificial Intelligence to Find Discoverable Information Online

Hanzo on

Here’s a scenario that might be common enough in your day-to-day life: imagine that you’ve misplaced your wallet. (Apparently, Americans do this a lot. Statistics show we spend two and a half days each year looking for...more

Mintz - Privacy & Cybersecurity Viewpoints

Commitment to Protection of User Data Essential To Consumer Adoption of IoT Devices – Three Things to Know about the New Hampshire...

Recently, Amazon refused (registration required) to provide data from an Amazon Echo device in a case involving the a double homicide in response to an order issued by a New Hampshire state judge. Prosecutors believe that the...more

Epiq

Legal Trends and Challenges in Asia

Epiq on

For many legal practitioners, Asia remains a legal challenge, “whether it’s the different data sources, the lack of familiarity with case law or an understanding of the legal landscape in different countries, from Hong Kong...more

Orrick - Trade Secrets Group

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

Foley & Lardner LLP

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

Orrick - Trade Secrets Group

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

Robinson+Cole Data Privacy + Security Insider

Murder Arrest Warrant Weaves Web of Data Evidence in – Fitbit, Facebook, Alarm Systems and More

The warrant that led to the arrest of a husband for the alleged murder of his wife weaves a web of electronic evidence. Based in large part on Fitbit fitness tracker data, Connecticut authorities have charged Richard Debate...more

Robinson+Cole Data Privacy + Security Insider

Amazon’s Echo May Possess Evidence in a Murder Case

Police in Bentonville, Arkansas are seeking records from an Amazon Echo device (for the second time) which may contain records in connection with a murder investigation in the home of James Andrew Bates where Victor Collins...more

WilmerHale

Department of Justice Obtains Guilty Plea for Obstruction in Merger Investigation

WilmerHale on

On October 14, the US Department of Justice's Antitrust Division announced that Ralph Groen, a former information technology executive of the bus operator Coach USA Inc., had pleaded guilty to criminally obstructing justice...more

Nossaman LLP

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

Nossaman LLP on

Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Seyfarth Shaw LLP

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

Seyfarth Shaw LLP on

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

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