Criminal Procedure

Latest in Criminal Procedure

Readings

Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"

Alan Z. Rozenshtein, a former contributor to this site who now works at the Department of Justice, is well known to long-time Lawfare readers for his writing on many national security law topics, particularly on issues of national security law in cyber-related topics. Alan has just posted to SSRN a very interesting and important article on the issues raised by government surveillance in an era that today is perhaps most memorably characterized by the legal standoff between Apple and the Department of Justice over unlocking the cell phone of one of the San Bernardino terrrorists.

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Recent news reports indicate that the FBI has obtained a warrant to search a cache of emails belonging to Hillary Clinton aide Huma Abedin. The emails were discovered in the course of an “unrelated case” involving Abedin’s now-estranged husband, Anthony Weiner, who is under investigation for allegedly sexting with an underage girl.

Criminal Law: Procedural

United States v. Ganias and the Case for Selective Seizures of Digital Evidence

Recent high-profile cases involving digital searches and seizures have largely focused on government access to data, from the battle over breaking strong encryption to the debates over whether a warrant is required to hack a computer or to obtain private communications from a third-party service provider.

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