Public Safety, Privacy and Particularity: A New Approach to Search Warrants for Digital Evidence

Jason Weinstein and Will Drake
Bloomberg BNA Electronic Commerce & Law Report
May 1, 2014

Steptoe partner Jason Weinstein and associate Will Drake authored an article for Bloomberg BNA’s Electronic Commerce & Law Report titled “Public Safety, Privacy, and Particularity: A New Approach to Search Warrants for Digital Evidence.” The article, published in the May 7 issue, discusses the way judges handle search warrants for computers and Internet-based e-mail accounts. 

More specifically, the article proposes a new way to balance privacy with public safety in the context of computer and e-mail search warrants by treating search warrants for stored content (in computers or at Internet communications providers) in a manner that is roughly similar to the way judges oversee wiretaps, including giving judges an ongoing role in monitoring the manner in which the government executes such warrants.

The full article can be read in the Bloomberg BNA Electronic Commerce & Law Report.