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Litigation Briefs
Opening Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)
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
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
Order Denying Petition to Unseal
Opinion and order affirming magistrate judge's report and recommendation (R&R) to deny the Petition to Unseal filed by Riana Pfefferkorn and Jennifer Granick, and overruling our objections to the R&R. Read more about Order Denying Petition to Unseal
Reply in Support of Objections to Report and Recommendation
Reply brief in support of January 2019 objections to magistrate judge's report and recommendation. Read more about Reply in Support of Objections to Report and Recommendation
Order Denying Motions to Unseal
Order denying motions by Riana Pfefferkorn and others to unseal the docket and court's legal reasoning 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 Order Denying Motions to Unseal
Amicus Brief of EFF and Riana Pfefferkorn
Amicus brief of Electronic Frontier Foundation and Riana Pfefferkorn in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward. Read more about Amicus Brief of EFF and Riana Pfefferkorn
Brief of Amici Curiae Former U.S. Magistrate Judges in Support of Petitioners
Amicus brief of former magistrate judges, including CIS Director of Fourth Amendment and Open Courts Stephen Wm. Smith, in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward.
Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party
Amicus curiaei brief of retired judges, including CIS Director of Fourth Amendment and Open Courts, in the Court of Appeals for the Federal Circuit in a case challenging the fees charged by the federal courts for electronic access to court records. Read more about Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party
Objections to Magistrate Judge's Report and Recommendation
Objections to Magistrate Judge's Report and Recommendation to deny the Petition, plus supporting documents (supporting declaration of Jennifer Granick, administrative motion, proposed orders). Read more about Objections to Magistrate Judge's Report and Recommendation