Cyber Crime Review

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Federal court holds police exceed scope of warrant by intentionally searching for child porn during ID theft case

In United States v. Schlingloff, 2012 U.S. Dist. LEXIS 157272 (C.D. Ill. Oct. 24, 2012), Judge Shadid held that use of Forensic Toolkit’s (FTK) Known File Filter (KFF) to alert on child pornography files was outside the scope of a warrant issued to look for evidence of identity theft. The defendant in this case lived at […]

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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 [...]

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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, [...]

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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 [...]

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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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