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Kansas magistrate adopts Warshak, strikes down warrant applications for not meeting particularity requirements

In In re Applications for Search Warrants, No. 12-MJ-8119-DJW (D. Kan. 2012), a magistrate judge adopted the Sixth Circuit’s Warshak view that electronic communications are subject to a reasonable expectation of privacy and held that search warrants for such information should be sufficiently limited to the relevant crime(s) and [...]

Cyber CrimesCyber Crimes

Massive round-up of new law articles, covering privacy, Fourth Amendment, GPS, cell site, cybercrime, big data, revenge porn, drones, and more

Elizabeth E. Joh, Privacy Protests: Surveillance Evasion and Fourth Amendment Suspicion, 55 Ariz. L. Rev. 997 (2014). Abstract: The police tend to think that those who evade surveillance are criminals. Yet the evasion may only be a protest against the surveillance itself. Faced with the growing surveillance capacities of the government, [...]

Cyber CrimesCyber Crimes

Court dismisses most of teen’s suit for use of bikini-clad photo from Facebook in high school “Internet Safety” class

** Relevant documents: Complaint, Def. Renewed Rule 12(b)(6) MTD, Pl. Opp. to MTD, and Order ** A federal court on Sept. 30th granted a motion to dismiss (in large part) a Georgia teen’s lawsuit for multiple causes of action arising out of a Technology Instructor’s use of a photo of her he obtained from her Facebook page; the [...]

Cyber CrimesCyber Crimes

Exiting CTO who copied source code and company files wins dismissal of CFAA claim; Thoughts on the CFAA post-Nosal

Viral Tolat, ex-CTO of Integral Development Company, is accused by his former company of copying gigabytes of source code and confidential files on his way out the door to a position with another company. He copied the source code to multiple places and uploaded some of the data to his personal Google Docs account. In Integral’s [...]

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