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November 14th, 2022 10

Federal court holds that 15-month delay in reviewing electronic evidence was an unlawful seizure

In what I would call a very significant case, a New York federal court has held that failure to examine a defendant’s imaged hard drive within 15-months after it was obtained was an unlawful seizure in violation of the Fourth Amendment. In United States v. Metter, 2011 U.S. Dist. LEXIS 155130 (E.D.N.Y. 2012) the government imaged [...]

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Student’s suit for forced Facebook disclosure survives motion to dismiss; court finds reasonable expectation of privacy in Facebook messages

In R.S. v. Minnewaska Area Sch. Dist. No. 2149, 2012 U.S. Dist. LEXIS 126257 (D. Minn., Sept. 6, 2012), a federal district court refused to dismiss the case of a 12-year-old against a Minnesota school district for allegedly punishing her for statements made on her Facebook wall and forcing her to disclose her Facebook password to [...]

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Featured Article: Hacktivism and the First Amendment: Drawing the Line Between Cyber Protests and Crime

Volume 27 of the Harvard Journal of Law & Technology features a student Note by Xiang Li that addresses some of the First Amendment implications of “hacktivism,” which Li broadly defined as the “combination of grassroots political protest with computer hacking through the nonviolent use of illegal or legally ambiguous [...]

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Wisconsin’s “revenge porn” bill goes too far. Hypos to ponder and why the legislature should look to Professor Franks

The Wisconsin legislature recently proposed a “revenge porn” bill (Assembly Bill 462, full text here: https://docs.legis.wisconsin.gov/2013/related/proposals/ab462.pdf). While I applaud the Wisconsin legislature for addressing an issue that has garnered national attention, I interpret the current proposal (unless I am missing [...]

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Forensic Fraud: Now Available on Daytime TV – A frank discussion about the admissibility of photo and video enhancement testimony

For years, Hollywood has perpetuated the myth of photo and video enhancement.  According to Hollywood and its all-too-convenient plot points, a mere click of a computer’s “enhance button” transforms any grainy image into a clear, focused picture with perfect resolution (there also has to be a serious woman in glasses looking over the [...]

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