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Subpoenas Posts
Time to Face the (Hidden) Music
Aug 2, 2021
Time to Face the (Hidden) Music
A Texas man named Guy Reffitt has found himself at the edge of the new legal frontier, a place where privacy rights and encrypted technology face aggressive prosecutors willing to push for their strongest criminal case. This Guy did not bring a lot of sympathy to the legal battle—he is alleged to have traveled from…
New York AG Puts Crypto Exchanges in the Crosshairs
Dec 28, 2018
New York AG Puts Crypto Exchanges in the Crosshairs
Following on the heels of the SEC’s announcement of subpoenas to crypto exchanges and token issuers, yesterday New York Attorney General Eric Schneiderman announced “the Virtual Markets Integrity Initiative,” which he described as “a fact-finding inquiry into the policies and practices of platforms used by consumers to trade virtual or ‘crypto’ currencies like bitcoin and…
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
Mar 1, 2018
If ICOs are Securities: What Cryptocurrency Issuers, Exchanges and Gatekeepers Need to Know.
As predicted, the Securities and Exchange Commission (SEC) has taken additional steps to clamp down on the exploding ICO market: yesterday the Wall Street Journal reported the agency had issued “dozens of subpoenas and information requests to technology companies and advisors.” After repeated warnings from regulators like SEC Chairman Jay Clayton, the SEC is now sending…
Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins
May 19, 2016
Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins
Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even government agencies—have been vulnerable at some point. Now run a search on “data breaches,” but include the word “lawsuit.” You’ll find that many…
Online Poker: A New Way to Bank?
Mar 30, 2016
Online Poker: A New Way to Bank?
In light of Tax Day (note that it’s on the 18th of April this year due to a holiday on the 15th) we want to point out a curious ramification from a federal case concerning online gambling, tax reports, and foreign accounts. In United States v. Hom [1], the defendant, John C. Hom, was an…
The Government’s [Subpoena] Power is Not Infinite
Feb 18, 2015
The Government’s [Subpoena] Power is Not Infinite
It’s not every day that a federal court likens an Assistant U.S. Attorney’s argument to that “of a grade schooler seeking to avoid detention.” But, in a recent opinion, Judge Emmet G. Sullivan of the D.C. District Court did just that. In so doing, he reminded us that—despite the government’s (admitted) routine abuse of its…
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
Jan 29, 2014
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern District of California in which a tech company seeks to enforce its contractual provisions through the criminal statute Computer…
Colorado Defense Attorney Charged With Felony – Why?
Sep 18, 2013
Colorado Defense Attorney Charged With Felony – Why?
A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s refusal to turn over evidence he ostensibly held for a client. The evidence, an original letter, was apparently…
Law Enforcers Place Online Payday Lenders in Their Cross Hairs
Aug 13, 2013
Law Enforcers Place Online Payday Lenders in Their Cross Hairs
At least six federal agencies, including the U.S. Department of Justice (DOJ), the Consumer Protection Financial Bureau (CFPB), and the Federal Trade Commission (FTC), are currently coordinating a broad crackdown of the online payday lending industry. The agencies are trying to shut down companies that offer short-term loans online at very high interest rates. The…
Judge Strikes Down FBI’s Use of ‘National Security Letters’
Mar 29, 2013
Judge Strikes Down FBI’s Use of ‘National Security Letters’
In a recent decision, U.S. District Judge Susan Illston of the Northern District of California struck down the FBI’s use of National Security Letters (NSLs) as unconstitutional. Unbeknownst to most Americans, the FBI has been issuing thousands of NSLs every year. The letters demand that recipients, such as banks and telephone companies, provide customers’ information…
