+Mary Mack

Facciola: General, exploratory rummaging prohibited by 4th amendment

This time, the government, Twitter and Yahoo are on the spot over a subpoena for electronic data that Judge John Facciola believes is overbroad.

Facciola offered Twitter and Yahoo the opportunity to respond before granting the government request–publically.

Zoe Tillman from ALM quotes Judge Facciola:

Since the government has not taken the hint, the Court will be more explicit: the government needs to provide a sophisticated technical overview of how it plans to conduct the search,” Facciola wrote. “It need not be overly detailed—the Court is not asking for a list of search terms—but the overview must provide this Court with sufficient information such that it will not be authorizing the ‘general, exploratory rummaging in a person’s belongings’ that the Fourth Amendment prohibits.”


+Mary Mack

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