News & Analysis as of

Law Enforcement Search Warrant Electronically Stored Information

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

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On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...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

Womble Bond Dickinson

Illinois Prohibits Police Use of Household Electronic Data Without Warrant

Womble Bond Dickinson on

The smart house is upon us. One may be surrounding you now, with internet-enabled security systems, doorbells, air conditioner, refrigerator, mattress, windows, music speakers, and children’s toys. ...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

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

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

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

Snell & Wilmer on

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

Womble Bond Dickinson on

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

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

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Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Holland & Hart LLP

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Dechert LLP

Forecasting the Impact of the New US CLOUD Act

Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...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

BCLP

“Run for the Hills” Validated by the Second Circuit: Warrants for Electronic Communications Cannot Apply Across International...

BCLP on

In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more

Tucker Arensberg, P.C.

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

Latham & Watkins LLP on

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

McDermott Will & Emery

California Joins Other States with the Passage of CalECPA

McDermott Will & Emery on

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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