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New ECPA Reform Legislation Introduced in the Senate

By Lauren Moxley In late July, three bipartisan bills to reform the Electronic Communications Privacy Act of 1986 (“ECPA”) were introduced in the Senate. Each of the bills propose different updates to ECPA, which governs law enforcement access to consumer information stored with service providers. As we have discussed here, here, here, and here, the … Continue Reading

U.S. Supreme Court to Consider Whether the Fourth Amendment Protects Cell-Location Data

By Lauren Moxley Today, the Supreme Court granted certiorari in Carpenter v. United States, a case addressing Americans’ privacy rights in cell phone tracking data. The Court will consider whether a warrantless search and seizure of cell phone records revealing the location and movements of a cell phone user over the course of several months … Continue Reading

Second Circuit in Silk Road Appeal: No Fourth Amendment Protection in IP Addresses under the Third Party Doctrine

In February 2015, a jury convicted Ross Ulbricht of drug trafficking and other crimes associated with his creation and operation of Silk Road, an online marketplace whose users primarily purchased and sold illegal goods and services.  A federal judge in the U.S. District Court for the Southern District of New York then sentenced Ulbricht to … Continue Reading
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