News & Analysis as of

Federal Rules of Criminal Procedure Search Warrant

King & Spalding

Rule Change Expands Federal Courts’ Search Warrant Power Over Electronic Data

King & Spalding on

On December 1, 2016, a change to Federal Rule of Criminal Procedure 41(b) took effect that allows federal courts to issue broad warrants for access to electronic communications and data. The former version of Rule 41(b)...more

Eversheds Sutherland (US) LLP

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Proskauer - Minding Your Business

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

Latham & Watkins LLP

“Hacking” Warrants: A Question of Procedure or Substance?

Latham & Watkins LLP on

Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect...more

King & Spalding

Supreme Court Eases Limits On U.S. Government Hacking Authority

King & Spalding on

On April 28, 2016, the U.S. Supreme Court approved amendments to Rule 41 of the Federal Rules of Criminal Procedure that would allow federal judges to issue search warrants granting remote access to electronic devices outside...more

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