fourth amendment

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Fourth Amendment

Did the Special Counsel's Access to the Transition's Emails Violate the Fourth Amendment?

There has been a lot of buzz the past couple of days about claims by Kory Langhofer, counsel for Trump for America, that Robert Mueller's investigators wrongfully obtained copies of the presidential transition team's emails. One of the claims in Langhofer's letter is that the access violated the Fourth Amendment. I haven't seen a substantial legal analysis of this issue yet, so I thought I would try one.

Privacy Paradox

The Tell-Tale Heart

The Internet of Things is a marvel. Cars, medical devices, homes, refrigerators—all of them now come with silicon chips and data collection, analysis and sharing capabilities. For the most part the enhancements in efficiency, connectivity and cost-reduction make the use of IoT a no-brainer. But lurking in the background are a host of unaddressed issues of cybersecurity, civil liberties, transparency, accountability, and privacy. Today's story of the Tell-Tale Heart lies at the intersection of technology, privacy and criminal law.

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.

Privacy

ECPA and the Omnibus

While we are at it, I thought I would also call attention to this provision of the Omnibus. It appears in the section which funds the financial services agencies (that is, it applies to the IRS, SEC, FTC, GSA, and OMB):

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