The testimony, here, makes clear that the FBI misused and abused exigent letters. In many cases, there was no real emergency and in many cases where the FBI said that subpoenas had been sought, they had not been sought at all. Fine’s testimony also describes how the FBI engaged in other improper practices such as…
Category: Featured News
EFF Backs Yahoo! to Protect User from Warrantless Email Search (updated)
The Electronic Frontier Foundation (EFF) along with Google and numerous other public interest organizations and Internet industry associations joined with Yahoo! in asking a federal court Tuesday to block a government attempt to access the contents of a Yahoo! email account without a search warrant based on probable cause. The Department of Justice is seeking…
Some Thoughts on the Reply Brief in City of Ontario v. Quon
Orin Kerr writes: The Reply Brief in the Court’s only major Fourth Amendment case this term, the text-messaging case City of Ontario v. Quon, has now been filed and is available here. Here are a few thoughts on it. (1) The parties focus significant attention on the Stored Communications Act, somewhat to my surprise. The Stored…
Does Attaching a Thumb Drive to a Shared Computer Waive Fourth Amendment Rights in its Contents?
Orin Kerr writes: “Yes,” says Judge Maurice Paul in United States v. Durdley, 2010 WL 916107 (N.D. Fla. 2010), handed down on March 11. I haven’t seen any cases quite like this, but I tend to think the decision is wrong. In this post, I wanted to explain the decision and then say why I…