Fourth Amendment

Warrantless seizure of child pornography evidence fatal to prosecution's case

Warrantless seizure of child pornography evidence fatal to prosecution’s caseThe Michigan Court of Appeals issued an opinion on November 6, 2014 affirming a lower court’s decision excluding evidence recovered from Maximilian Paul Gingrich’s (“Defendant”) laptop computer in a child pornography …

ECPA amendment would require warrant even for email older than 6 months

ECPA amendment would require warrant even for email older than 6 monthsReps. Zoe Lofgren (D-Calif.), Ted Poe (R-Texas), and Suzan DelBene (D-Wash.) are pushing an amendment to the Electronic Communications Privacy Act that would require a warrant for authorities to obtain any email, instead of …

At Google, Constitution trumps statute

At Google, Constitution trumps statuteDavid Kravets quotes a Googler: “Google requires an ECPA search warrant for contents of Gmail and other services based on the Fourth Amendment to the Constitution, which prevents unreasonable search and seizure,” Chris Gaither, a Google spokesman, said. The …

Grover Norquist on proposed update to Electronic Communications Privacy Act

Grover Norquist on proposed update to Electronic Communications Privacy ActTwenty-plus years is a long time, and the Electronic Communications Privacy Act is overdue for an update. A summary of the state of things: Unfortunately these digital documents lack long-held privacy safeguards. Email saved …