Litigation Briefs

Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Author(s): 
David Levine
Elizabeth Townsend Gard
Jennifer Urban
Riana Pfefferkorn
Richard Forno
Publication Date: 
June 12, 2020
Publication Type: 
Litigation Brief

Amicus brief in support of petitioner Malwarebytes' petition for certiorari in Malwarebytes v. Enigma Software, authored by Phil Malone of the Juelsgaard IP & Innovation Clinic at SLS. Read more about Amicus Brief of Cybersecurity Experts in Support of Malwarebytes' Cert Petition

Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Author(s): 
Riana Pfefferkorn
Publication Date: 
November 7, 2019
Publication Type: 
Litigation Brief

In Enigma Software v. Malwarebytes, the Ninth Circuit ruled that 47 U.S.C. 230(c)(2)(B) does not protect anti-threat classification decisions that are allegedly based on "anti-competitive animus." This amicus brief, written by Prof. Eric Goldman of Santa Clara Law and Venkat Balasubramani and joined by 7 professors, explains how the Ninth Circuit's ruling makes the Internet less safe. Read more about Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
October 3, 2019
Publication Type: 
Litigation Brief

Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.  Read more about Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
June 12, 2019
Publication Type: 
Litigation Brief

Opening brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.  Read more about Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Amicus Brief in Mobley v. State

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
May 7, 2019
Publication Type: 
Litigation Brief

Brief of amici curiae ACLU, ACLU of Georgia, and Riana Pfefferkorn in support of appellant Victor Mobley in Mobley v. State, a Georgia Supreme Court case presenting the question of whether the Fourth Amendment requires a warrant for the seizure of digital data stored by a vehicle -- specifically, a car's event data recorder (EDR). Read more about Amicus Brief in Mobley v. State

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