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Posts Tagged ‘technology’

Head In the Cloud – United States Supreme Court Takes On Application of Domestic Warrant To Information Stored Internationally

Posted on: March 9th, 2018

By: Glenn M. Kenna

Image result for search warrantThe Supreme Court is set to decide a vital question this term – Can the government use a warrant served in the United States to obtain emails stored abroad?  The United States Government says it can, Microsoft disagrees.  The Case is United States v. Microsoft Corporation, in which the Supreme Court heard oral argument on February 27, 2018.

To understand the nature of the conflict a little back story is necessary.  Congress passed a law in 1986, the Electronic Communications Privacy Act (ECPA).  Part of title II of the ECPA, 18 USC § 2703, allows law enforcement agencies to issue warrants, so called Section 2703 Warrants, to discover electronic communications stored in an “electronic communications system.”  In other words, the government can serve a warrant on an email service provider, such as Microsoft, and obtain emails stored on Microsoft’s servers.

In the Microsoft case, the Government did exactly that.  It served a warrant on Microsoft in Redmond Washington to discover electronically stored communications in connection with an ongoing investigation into a crime allegedly committed in the United States.  The issue at the heart of the dispute is that the warrant sought the contents of communications stored on servers in Ireland.  In response to the warrant, Microsoft turned over domestically stored information (in this case certain metadata about the emails) but refused to turn over the contents of the communications stored abroad.  A legal battle between the Government and Microsoft has ensued, ultimately leading to the Supreme Court granting cert.

In the ongoing dispute between Microsoft and the Government, Microsoft contends that the Government’s attempt to enforce the warrant is an extraterritorial act, i.e. and attempt by the Government to enforce Untied States Law abroad.  It further asserts that complying with the warrant could run afoul of the law in the country where the information is stored.  The United States’ position is that, should the ECPA not apply to information stored abroad, every service provider would simply move their servers out of the United States – taking the communications beyond the reach of US law enforcement agencies.  Moreover, it reasons, Microsoft can access the information domestically regardless of where the information is stored, which the government contends does not require the application of the ECPA abroad.

The ECPA pre-dates the internet.  Email as we know it today did not exist in 1986.  The drafters of the ECPA could not have imagined a world where people stored their entire lives on remote servers, or a world where those servers could be located anywhere across the globe.  Those are issues with which courts continue to struggle, including the Supreme Court in this case.

It remains to be seen how the Court will rule in the Microsoft case, or if Congress will act to modernize the ECPA before the Court’s decision (indeed, a bipartisan group of senators has introduced the CLOUD act to address the issues raised in the Microsoft case.)  What is clear, however, is that Microsoft represents just one small part of an ongoing clash between law and technology.  While not at issue directly in the Microsoft case, the dispute also raises the question, what right do we have in the privacy of our electronic worlds?

If you have any questions or would like more information, please contact Glenn Kenna at [email protected].

UPS Orders Tesla Electric Big Rigs – One Step Closer to Driverless Semis

Posted on: December 22nd, 2017

By: Wayne S. Melnick

Last month, Tesla Motors announced that it was taking its electronic vehicle technology one step further with the unveiling of the Electric Semi Truck .  If the numbers are to be believed, the Tesla Semi not only achieves 0-60 in five seconds (unloaded) by also reduces the cost of shipping from $1.51/mile to $1.26/mile.

Earlier this week, United Parcel Service announced it was going all-in on the Tesla Semi ordering 125 of the new units.   At an estimated cost between $150,000-$200,000/unit, that order could be worth as much as $25M.  (Yes, 25 Million Dollars).  If you’ve been following this story, this is not the end of the line, but rather, just the beginning. With that big an investment, it is clear that UPS and Tesla have their eyes on the future.  Electronic Trucks are just the first steps towards what is expected to the ultimate goal: Driverless Semis.

We will continue to keep watch of developments of this technology.  Needless to say, the idea of Driverless Semis raises all sorts of legal and insurance questions.  As such, it is important to stay on top of developments and FMG will continue to keep you informed as they occur.

If you have any questions or would like further information, please contact Wayne Melnick at [email protected].

GPS Tracking Devices – The Answer to Stopping High-Speed Pursuits?

Posted on: November 1st, 2017

By: Sun Choy

In the era of drones and artificial intelligence, it was only a matter of time before technology caught up to stopping high-speed pursuits. In a suburb of metropolitan Atlanta, a police department successfully deployed a GPS tracking device to terminate a pursuit and later arrest the fleeing suspect based on the information transmitted by the device. At a cost of $5,000 a piece, it may be cost prohibitive for many agencies. Even if available, many pursuits may still require immediate termination by PIT maneuver (Pursuit Intervention Technique) or spike strips to stop the danger posed by the fleeing suspect. While it remains to be seen how effective the GPS tracking device will be long term, it is encouraging to see technology used to mitigate the inherent dangers associated with high-speed pursuits.

If you have any questions or would like more information, please contact Sun Choy at [email protected].

Does the Fourth Amendment Allow a Forced Blood Draw After a DUI Arrest?

Posted on: January 14th, 2013

By: Sun Choy

blood testThe Supreme Court will answer this question in Missouri v. McNeely.  It is well established that the Fourth Amendment allows a warrantless search under exigent circumstances.  During the oral argument last week, the Court suggested that increased technology may diminish the need for warrantless searches.  With advancements in instant communications, a warrant may be a few text messages away.  Of course, this is an over simplification, but it raises some intriguing questions about the role of technology in law enforcement.  With existing technology, one can easily envision a procedure where an officer appears before a neutral magistrate via a smart phone video feed and an electronic warrant is issued via email.  Accordingly, technology may render warrantless searches less reasonable under the Fourth Amendment.  It will be interesting to see how the Court addresses this interplay between technology and the Fourth Amendment in Missouri v. McNeely.

Use of Drones in Law Enforcement – A Good Idea?

Posted on: September 14th, 2012

By: Sun Choy

USA Today recently reported that the International Association of Chiefs of Police issued advisory guidelines for the use of drones by law enforcement.  While the number of drones in use is relatively low, the IACP anticipates the increased use of drones as costs come down.  Not surprisingly, the guidelines discourage the use of “armed” drones that have the capability of delivering stun-gun projectiles, tear gas, and rubber balls.  The guidelines also recommend that officers obtain a search warrant before using the drones for surveillance.  With such advancements in technology, there will certainly be litigation as the law plays catch-up.