In late December, the American Civil Liberties Union (ACLU) filed a lawsuit against the Federal Bureau of Investigation (FBI), challenging the FBI’s “Glomar” re…
The Ninth Circuit Court of Appeals has rebuffed my attempt to unseal information about the Department of Justice's unsuccessful secret effort to force Faceb…
Unpublished memorandum disposition by the Ninth Circuit Court of Appeals affirming the district court's denial of the petition. * Publication Type:Litigat…
The current public health crisis makes effective management of misinformation more than just a theoretical or constitutional law exercise. Misinformation costs…
In our democratic system of government, the legislature passes laws, the executive branch enforces them, and the courts interpret them when disputes arise about…
"Although the details of the WhatsApp case Mr. Wray worked on are unclear, it is likely that the government was asking WhatsApp for a way to circumvent the…
Yesterday I submitted a second set of comments (see the bottom of this post for a copy) to the California Attorney General’s office for the February round of th…
"“Federal courts need to be providing this access without charge,” said Stephen W. Smith, who was until recently a federal magistrate judge in Houston and…
On December 16, 2019 the Supreme Court denied cert in Ackies v. United States, the ‘precise location’ warrant case from the First Circuit. For reasons I outline…
Tool Without A Handle: “Book Review: Tools and Weapons” “Since the dawn of time, any tool can be used for good or ill. Even a broom can be used to sweep the…
Increasingly, we are incorporating into our daily lives devices and services that collect metadata: from our smartphones, to our web browsers, to an ever-expand…
In 2019 CIS is hosting its first-ever Warrant Workshop, a judicial training program specially designed for magistrate judges confronting new surveillance techno…