Author Archive

Apple v. FBI: The Court Record So Far

  • February 26, 2016
  • Clayton Rice, K.C.

On February 16, 2016, the United States government brought an application before Magistrate Judge Sheri Pym, in the District Court for the Central District of California, for an order under the All Writs Act, 28 USC s 1651 requiring Apple…

Alberta Judge Nails One For Privacy

  • February 14, 2016
  • Clayton Rice, K.C.

On January 22, 2016, Justice E.J. Simpson of the Court of Queen’s Bench of Alberta released the reasons for judgment in R v Hoelscher, 2016 ABQB 44 holding that the seizure of historic text messages by the police requires a…

Protecting Privilege in Docket Court

  • February 2, 2016
  • Clayton Rice, K.C.

The docket court in Canada functions as the initial case intake court that deals with a range of things including bail applications, the taking of elections and pleas, adjournment applications, disclosure issues, the initiation of state funded counsel applications, the…

EU Court Rules Mass Surveillance Unlawful

  • January 30, 2016
  • Clayton Rice, K.C.

On January 1, 2011, the government of Hungary established the Anti-Terrorism Task Force that is active in gathering secret intelligence. Under the National Security Act, the governing legislation, the task force engaged in secret house searches; surveillance with recording; opening…

Cell Tower Dumps Violated Right to Privacy

  • January 24, 2016
  • Clayton Rice, K.C.

In an important privacy ruling Justice John R. Sproat of the Ontario Superior Court of Justice recently held that “tower dump” production orders requiring Rogers Communications and Telus Communications to hand over the personal information of about 43,000 customers to…

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