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Low-Hanging Fruit: Responding to the Digital Evidence Challenge in Law Enforcement

Whether you believe law enforcement is “going dark” or we are in a “golden age of surveillance,” law enforcement faces serious challenges in identifying and accessing digital…
A 3-D illustration of scales lit up against a dark electronic background with computer terms in pale letters.

Launch Event – Low-Hanging Fruit: Evidence Based Solutions to the Digital Evidence Challenge

Tomorrow morning (Wednesday, July 25), from 8-10 am ET, Senator Sheldon Whitehouse — along with DOJ’s former Assistant Attorney General for National Security, David Kris…

The Trump-Bolton Misdirection on Russian Extradition: Plenty of Legal Options Exist to Gain Custody of Russian Suspects

John Bolton is wrong. Extradition and other legal options are potentially available to gain custody of indicted Russian hackers. "In their Helsinki meeting, President Trump can—and…
Apps on a phone: Google Chrome, GoogleFotos, Googel Drive, Google Maps, Google Earth, and Google Calendar.

The Broad Reach of Carpenter v. United States

By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…

Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access

Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
A DJI Mavic Pro Quadcopter drone is seen on flight at the Dronemasters 2017 convention on September 3, 2017 in Berlin, Germany.

Dangerous Drone Bill Emerges from Senate Committee

It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
As the U.S. Capitol is seen in the background, a CCTV camera is mounted on a building roof November 3, 2017 in Washington, DC.

What If Police Use ‘Rekognition’ Without Telling Defendants?

At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…

A Cosmic Legal Collision: The Engineer vs. The Border Patrol

For a quarter of a century, Terry Bressi, staff member and chief engineer for the Spacewatch Project at the University of Arizona’s Lunar & Planetary Lab, has had two…

A Possible US-EU Agreement on Law Enforcement Access to Data?

[Cross-posted on Lawfare] Attorney General Jeff Sessions is scheduled to fly to Sofia, Bulgaria for a May 22 meeting with senior European law enforcement officials.  In the wake…

Contempt of Congress, Contempt by Congress

The latest sideshow stemming from Special Counsel Robert Mueller’s investigation into Russian collusion is Congressmen Devin Nunes’s (R-Calif.) and Mark Meadows’s (R-N.C.)…
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Digital Free for All Part Deux: European Commission Proposal on E-Evidence

The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions

[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii.  Most observers have focused on whether, for…
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