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Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By   /  November 13, 2017  /  Featured, Foreign Relations, Fourth Amendment, International Law, National Security Law & Policy, News & Events, Pending Cases, Trending Topics  /  No Comments

By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

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A Fourth Amendment Sunset: The FISA 702 Program Reauthorization

By   /  October 16, 2017  /  Fourth Amendment, Intelligence, Surveillance, Trending Topics  /  No Comments

By Victoria Garcia The Foreign Intelligence Surveillance Act (“FISA”) 702 Program is an ongoing surveillance program that collects information about foreign nationals who are abroad and have connections to terrorist organizations.[1]  Currently, the 702 Program is set to expire at the end of 2017.  While Congress will likely reauthorize the 702 Program, debates about including […]

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Update Required? Analyzing the Electronic Communications Privacy Act

By   /  September 30, 2017  /  Cybersecurity, Cybersecurity Law & Policy, Fourth Amendment, National Security Law, Right to Privacy Online, Searches & Seizures, Trending Topics  /  No Comments

By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to Instagram are not private. But what about emails, text messages, health and financial records, or photos stored in the cloud? Although most people would assume that this information is protected—both by passwords and the Fourth […]

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Supreme Court Approves Change to Rule 41 Search and Seizure Warrants for Electronic Property

By   /  April 29, 2016  /  Fourth Amendment, National Security Law, National Security Law & Policy  /  No Comments

Rule 41(b) of the Federal Rules of Criminal Procedure governs Fourth Amendment searches and seizures, and under certain circumstances it allows law enforcement to hack into a computer outside the jurisdiction the warrant to do so was obtained.

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Cell Site Simulator Technology Violating Fourth Amendment Rights

By   /  April 18, 2016  /  Fourth Amendment, National Security Law  /  No Comments

In the age of modern technology, the balance between individuals’ privacy rights and national security have been heavily weighed. Advances in technology have enabled government agencies to obtain cellular information without appropriate judicial review and without the individual’s knowledge. Due to public outcry and complaints made by the American Civil Liberties Union, the Federal Government felt that […]

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