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In the Federal Reserve’s July 11, 2019 White Paper, “Synthetic Identity Fraud in the U.S. Payment System, A Review of Causes and Contributing Factors,” the authors conclude that synthetic identity fraud is a serious and growing problem for the U.S. payments ecosystem that can only be addressed by a collaborative effort among all payments…

The Department of Justice (DOJ) recently announced two high-dollar False Claims Act (FCA) enforcement actions involving allegedly fraudulent arrangements tied to the implementation and use of electronic health record systems (EHRs). The respective settlements enable recovery by DOJ of over $100 million, and immediately precede the government’s recent proposal of new rules to promote the…

On April 30, 2018, a Massachusetts physician was convicted of a criminal violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as one count of obstruction of a criminal health care investigation, in a Massachusetts federal court. The convictions relate to the purported sharing of confidential patient information by the…

Last month, the Federal Aviation Administration (FAA) received recommendations regarding remote identification of drones in a report from the unmanned aircraft  Identification and Tracking (UAS ID) Aviation Rulemaking Committee (ARC). One of the topics at issue: whether we need remote identification (ID) of all drones in the national airspace. Beyond the FAA, the Department of…

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by technology companies across the globe.

The case, which Robinson+Cole has previously discussed here, here, and here, arises from a warrant obtained by the Department of Justice (DOJ) under the Stored Communications Act (SCA).[1] The SCA was enacted in 1986 to protect the privacy of electronic communications, including by extending privacy protections to electronic records analogous to those afforded under the Fourth Amendment to the U.S. Constitution.[2] In relevant part, the SCA requires a governmental entity in most instances to secure a warrant in accordance with the Federal Rules of Criminal Procedure to compel disclosure of electronic communications stored by a service provider.[3]
Continue Reading Supreme Court to Hear Microsoft Emails Case

The U.S. Supreme Court recently indicated that it will consider the federal government’s petition for a writ of certiorari in United States v. Microsoft Corp. at its conference scheduled for October 6, 2017. United States v. Microsoft is a “cutting edge” case that concerns the ability of law enforcement to obtain electronic documents stored abroad…

This morning, the U.S. Department of Justice (DOJ) announced an initiative aimed at “examining and strengthening forensic science.” Presumably, the initiative will impact how the DOJ approaches digital forensic evidence in criminal prosecutions.

Deputy Attorney General Rod J. Rosenstein made the announcement at the International Association for Identification’s (IAI) conference in Atlanta, Georgia. The IAI…

On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016 decision in which the U.S. Court of Appeals for the Second Circuit quashed a warrant obtained by the Department of Justice (DOJ) under the Stored Communications Act (SCA) seeking the contents of a Microsoft customer’s emails.

In its July, 2016 decision in United States v. Microsoft Corp., a Second Circuit panel unanimously held that the DOJ’s attempt to procure the contents of the emails – which allegedly pertained to illegal drug trafficking – via an SCA warrant constituted an impermissible extraterritorial application of the SCA because the server on which the emails were stored was located in Ireland. The Second Circuit subsequently denied a request for an en banc rehearing in January, 2017 (see previous analysis of that denial here).
Continue Reading Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision

While drone delivery services are certainly on the agendas of large retailers like Amazon, inmates in jails across the U.S. are already using drones to receive their own aerial contraband shipments. Through a Freedom of Information Act (FOIA) request, the Department of Justice (DOJ) revealed that there have been many attempts over the past five years to transport contraband to prisoners in the U.S. from mobile phones, to drugs, and even pornography. State facilities have also reported similar incidents over the years. Drone expert and drone legislation advocate, Troy Rule, of Arizona State University, says, “Civilian drones are becoming inexpensive, easy to operate and powerful. A growing number of criminals seem to be recognizing their potential value as tools for bad deeds.” And the problem is that current anti-drone technologies fail to protect prisons against these drone deliveries. While smuggling contraband into prison through any method violates federal law, no statute currently prohibits drones from flying near correctional facilities (aside from some newly implemented local laws) – this is yet another loophole in the legislation layout of drone laws.
Continue Reading DOJ Reports on Drones Flying Contraband to Prisons