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Category: Court

Defendant, ISP: DC court lacks jurisdiction over 14,000 P2P users

Posted on August 30, 2010 by pogowasright.org

Nate Anderson discusses two strategies being used (so far unsuccessfully) by defendants in P2P lawsuits: joinder and jurisdiction: Last week, one of the 14,000 defendants in the US Copyright Group’s anti-P2P litigation campaign filed a document with the DC District Court, hoping to quash the subpoena that would reveal his name and address. The letter…

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EDNY: SCA won’t cut it: historical cell data requires warrant

Posted on August 30, 2010 by pogowasright.org

Chris Soghoian has uploaded a federal magistrate’s decision in Eastern District New York denying the federal government’s request for an order requiring Sprint Nextel to produce cell records, including tower and sector information for a subscriber’s phone. According to court documents, the Sprint subscriber was Edwin Espinosa, but the phone was allegedly being used by…

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Article: Pervasive Surveillance and the Future of the Fourth Amendment

Posted on August 30, 2010 by pogowasright.org

Russell D. Covey of the Georgia State University College of Law has an article in the Mississippi Law Journal. Here’s the abstract: We are in a period of intense technological change. The continued explosive growth in technology has two major effects on the scope and application of the Fourth Amendment. First, the diffusion of powerful…

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Ca: Privacy interests to be considered in publication ban

Posted on August 30, 2010 by pogowasright.org

David Fraser blogs about a recent decision in Canada of interest: A long-time friend of this blog just recently sent me a link to a new decision from the British Columbia Supreme Court (R. v. Pickton, 2010 BCSC 1198 ), in which the Court was asked to issue a publication ban to protect the identity…

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