Author Archive

Privacy in Public Places

  • September 14, 2015
  • Clayton Rice, K.C.

Is there a right to privacy in public places? And, if so, what language do we use to describe it and its boundaries? I have concluded that we have a reasonable expectation of privacy in public places that has emerged…

New U.S. Justice Department Stingray Policy

  • September 6, 2015
  • Clayton Rice, K.C.

On September 3, 2015, United States Deputy Attorney General Sally Quillian Yates announced a new policy that requires federal government agents to obtain a warrant before using controversial devices called an International Mobile Subscriber Identity catcher (IMSI) or a cell…

Stingray Cell Phone Surveillance

  • September 2, 2015
  • Clayton Rice, K.C.

The use of Stingray tracking technology by law enforcement agencies hit a public interest peak in the United States recently when an article by Brad Heath titled Police secretly track cellphones to solve routine crimes appeared in the USA TODAY edition…

Ethics and Electronic Communication

  • August 24, 2015
  • Clayton Rice, K.C.

May a lawyer communicate privileged or confidential information by cellular telephone, email or text message? We read daily reports about email accounts being hacked. We’ve seen an op-ed in The New York Times by prosecutors seeking to justify limitations on…

Prosecutor Starts Another Crypto Skirmish

  • August 16, 2015
  • Clayton Rice, K.C.

On August 11, 2015, The New York Times published an op-ed titled When Phone Encryption Blocks Justice by five prosecutors led by Manhattan district attorney Cyrus R. Vance Jr. The op-ed was co-authored by Francois Molins, Paris chief prosecutor; Adrian Leppard,…

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