Insights 💭
Another Geofence Warrant Knocked Down
October 28, 2022
Adding to the growing number of courts that have struck down the procedures that Google and law enforcement have put in place for “geofence warrants,” a California trial court recently suppressed evidence obtained via such a warrant.
California Poised to Enact Law Prohibiting Electronic Communication Services Providers from Complying with Out-of-State Legal Process Relating to Abortion Inquiries​
September 2, 2022
California is poised to enact AB-1242 which, if enacted, would prohibit California companies that provide electronic communication services from complying with out-of-state law enforcement requests related to the investigation or enforcement of laws restricting abortion.
Administrative Requirement for E-Scooter Location Records Not a Fourth Amendment Search
June 3, 2022
In a civil case interpreting Carpenter, the Ninth Circuit has ruled that Los Angeles did not run afoul of the Fourth Amendment by requiring e-scooter service providers to disclose historical scooter location records as part of the permitting process.
Federal Geofence Search Warrant Decision Emphasizes Need for Particularity
May 26, 2022
In a long-awaited decision, a federal court in Virginia ruled in United States v. Chatrie that a geofence warrant violated the Fourth Amendment, but that the fruits of the unconstitutional search could nevertheless be used against the defendant under the good faith exception to the warrant requirement.
Virginia State Court Rules Geofence Search Warrant Unconstitutional
March 16, 2022
In a recent order, a Virginia state court rejected an application for a geofence search warrant for insufficient probable cause and particularity.
SCOTUS Rules CFAA Does Not Contain Purpose-Based Restrictions
June 4, 2021
The Supreme Court in a 6-3 decision ruled that people do not exceed authorized access under the Computer Fraud and Abuse Act (CFAA) when they merely access information on a computer for an improper purpose. 
Relying on Schrems II, German DPA Persuades Customer to Stop the Use of Mailchimp
April 6, 2021
The Bavarian Data Protection Authority declared that a German company’s transfer of email addresses to U.S.-based email service Mailchimp was unlawful in light of the 2020 Schrems II decision issued by the CJEU.
Supplementing SCCs to Solve Surveillance Shortfalls
August 20, 2020
By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of the European Union in Schrems II left open the possibility that such transfers could continue.
Three Republican Senators Proposed Anti-Encryption Bill Endorsed by DOJ
June 27, 2020
On June 23, 2020, Senators Lindsay Graham, Tom Cotton, and Marsha Blackburn introduced the Lawful Access to Encrypted Data Act, one of the most expansive anti-encryption bills in recent history.
Section 230 Update: DOJ, Sen. Hawley Propose Limiting Online Platforms’ Protections
June 18, 2020
On June 17, 2020, in a 28-page report released on the topic of online platform liability, the U.S. Department of Justice proposed four material modifications of Section 230 of the CDA.
Preparing for the First CLOUD Act Bilateral Data Access Agreement
June 9, 2020
Starting on July 8, 2020, for the first time, U.S. companies will be receiving binding legal process directly from the UK government. This change comes over two years after the CLOUD ACt's enactment and more than nine months after the United States executed the first bilateral CLOUD Act agreement with the United Kingdom.
Courts Can’t Put Their Finger on How to Handle Compelled Unlocking of Devices with Biometrics
April 30, 2019
Law enforcement agencies are increasingly requesting that courts allow them to compel suspects to unlock electronic devices with their biometrics. As of yet, though, courts confronted with the question have come up with no unified answer whether they can do so.
Utah Enacts New Restrictions on Law Enforcement Access to Users’ Data
April 3, 2019
Utah has become the first state to legislatively dictate that law enforcement must obtain a warrant based on probable cause before forcing internet service providers to turn over users’ content, location information, and other records stored by them.
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