Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Forced Decryption in Government Investigations
In the old days ' that is, just a few years ago ' encryption had something of a negative connotation among many law enforcement officials. If a suspect encrypted his files, the thinking went, he must have something to hide. That is far less true today. Encryption has gained much broader acceptance, and is more available, than ever before. Among other factors, state data breach laws generally provide a safe harbor for breach victims whose information was encrypted. Today, consumers can buy hard drives and thumb drives where encryption is the default. And in the wake of the Snowden leaks, makers of encryption products can expect a strong uptick in demand, as encryption will likely become even more widely used.
When I served in the Justice Department's (DOJ) Criminal Division, we grew increasingly concerned about the challenges posed when agents attempted to execute search warrants for computers or other digital media, only to discover that those media were encrypted. Where appropriate, we issued subpoenas or obtained court orders directing the suspects to decrypt the digital media or to provide unencrypted copies. When those suspects challenged the subpoenas or orders, the result was a showdown of sorts between the Fourth Amendment and the Fifth Amendment.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.