Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups Argue No

On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of United States v. Ganias, Case No. 12-240. In Ganias, the Court will grapple with arguments centering on whether the government, after seizing a large volume of digital data pursuant to a warrant, may retain that data indefinitely and later use it in ways outside the scope of the original warrant, including bringing charges against individuals not originally under investigation. Recognizing the huge impact the Second Circuit’s en banc decision will have for anyone subject to a warrant, the amicus brief urges the Court to ensure that Fourth Amendment protections remain strong in the face of ever-evolving technologies.

Read more on BakerHostetler Data Privacy Monitor.