The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Earlier this week, the en banc Second Circuit held oral argument in a very important case on how the Fourth Amendment applies to computer warrant searches, United States v. Ganias. Unfortunately, the Second Circuit is one of three federal circuits that do not make available the audio recordings of their arguments. Harvard 3L Michael Knapp went to the argument, though, and he has written up a helpful summary now posted at Lawfare. It sounds like an interesting and engaging argument.
My own views of how the Second Circuit should address the issues in Ganias are developed in a forthcoming article, "Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data." I had mentioned the initial draft back in July, but I should flag that I posted an updated version (expanded to address two points in more detail) a few weeks after that. The updated version is the one that has been on SSRN for the last few months.
And for those wondering, the defendant pronounces his last name "Guh-NIGH-us."
As always, stay tuned.