Latest in FBI

Criminal Law: Procedural

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

Thanks to forensic software, investigators usually do not need to seize all of the data on a computer and can instead selectively copy portions for later analysis and use at trial. This raises the question: did the FBI violate the Fourth Amendment in seizing Huma Abedin’s emails instead of confining the seizure to Anthony Weiner’s communications?

Encryption

On Preventing the Widespread Use of a Law-Enforcement-Friendly iOS Patch

Apple has asserted that a one-time use of any software that would enable the FBI to bypass security features in the iPhone is impossible—that it would inevitably be used multiple times.  In a previous post, I’ve argued that the software could be written, used once, and then thrown away permanently.  The technique (i.e., algorithms involved) would still be known, but the software artifact could be destroyed forever.

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