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Search Warrant Fourth Amendment Electronically Stored Information

WilmerHale

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

WilmerHale on

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

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

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

Farella Braun + Martel LLP

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

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Farella Braun + Martel LLP

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

Bracewell LLP

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

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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

Bracewell LLP

To Obtain Data Abroad, Government Just Googles It

Bracewell LLP on

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal...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

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

Blank Rome LLP

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

Blank Rome LLP on

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Dechert LLP

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

Dechert LLP on

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Snell & Wilmer

Give Me Back My Books and Records: Application of Rule 41(g) in Response to Federal Search Warrants

Snell & Wilmer on

In the past decade, federal law enforcement has been more aggressive in white collar investigations in utilizing search warrants, as opposed to subpoenas, to seize a company’s books and records. The statute of limitations...more

Foley & Lardner LLP

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

Foley & Lardner LLP on

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

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