The U.S. Court of Appeals for the Second Circuit sat en banc Wednesday afternoon for the first time in almost two years. The occasion? An otherwise-mundane tax fraud prosecution that propelled the Fourth Amendment into the digital era.
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The explosion of digital data may have thrust us into a Golden Age of Surveillance, as individuals now create (and preserve) data that encompasses more activities and extends further into the past than ever before. But to search effectively through the ever-expanding haystacks, law enforcement has had to adopt new techniques.