Mar 272014
 
 March 27, 2014  Court, Surveillance, U.S.

Orin Kerr writes:

This is my second post on recent decisions in computer search and seizure law by Magistrate Judge John Facciola of the federal court in the District of Columbia. In my first post, I covered Judge Facciola’s opinion denying a warrant on the ground that the government didn’t need one. In this post, I’ll address a more dramatic and important opinion that considers how search warrants for e-mail and social media accounts should be drafted and executed. Judge Facciola’s opinion rejects an approach to e-mail warrants that DOJ has recommended. It then concludes that the Fourth Amendment may require third-party service providers to execute warrants and then pass on the results to the government. I have posted the opinion here: In the Matter of the Search of Information Associated with [redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc.

Read more on WaPo The Volokh Conspiracy.

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