Category: Cybercrimes

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Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion

On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of cell phones seized at the border. In so holding, the Fourth Circuit provides important clarification about how the Fourth Amendment applies to border searches of … Continue Reading

Uncertainty Looms Over SEC Enforcement Staff

The air of uncertainty was palpable as current and former members of the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement spoke at the Securities Regulation Institute’s 44th Annual Conference in Coronado, California earlier this week.  Important questions went largely unanswered about the impact of the recent resignations of both SEC Chair Mary Jo … Continue Reading

FBI Director Comey Takes Baton in DOJ’s Continuing Push for Access to Encrypted Data

At various times over the last several years, the DOJ has pushed for updates to the Electronic Communications Privacy Act (ECPA) that would include greater access to encrypted information stored on electronic devices. This week, FBI Director James Comey once again pressed for changes that would provide law enforcement with greater access to encrypted data, … Continue Reading

Cyber Scam Prevention and Recovery

U.S. companies of all sizes in recent months have lost millions of dollars to a simple yet highly effective and increasingly common cyber scam.  Dubbed the ‘‘business email compromise’’ by federal investigators, the scam is prevalent among companies with foreign suppliers or frequent financial wire transfers. In this Client Update, we summarize how the scam works, how … Continue Reading

IRS is Newest Cop on the Cybercrime Beat

Last week, IRS Criminal Investigation Division Chief Richard Weber announced the launch of a new unit dedicated to cybercrime that will draw from existing IRS criminal investigation agents as well as computer specialists.  The new unit will consist of approximately a dozen agents in the Washington, D.C. office that will work with other field offices across … Continue Reading

Call to Arms from White House and DOJ on Spyware Sanctions

Last week, DOJ’s Assistant Attorney General Leslie Caldwell took to the Justice Department’s blog to rally support behind recent White House proposals that would bolster law enforcement tools for prosecuting those who create, sell or advertise malicious “spyware.”  Spyware refers to software that allows users to surreptitiously intercept communications on their victims’ electronic devices such … Continue Reading

Government Investigations in the Wake of Data Breaches

Recent high profile cyberattacks and data breaches like those suffered by Sony Pictures Entertainment and Target Corporation have prompted many companies to begin reevaluating their own vulnerabilities.  Target’s 2013 data breach alone resulted in more than 80 lawsuits and investigations by state and federal agencies, including State Attorneys General, the Federal Trade Commission and the … Continue Reading

Expanded warrants to let DOJ remotely search and seize electronically stored information saved anywhere?

The U.S. Judicial Conference recently received public comments on proposed amendments to Federal Rule of Criminal Procedure 41 (the “Rule”), which would enlarge DOJ’s ability to remotely access, search, and seize electronically stored information (“ESI”).  Under the current Rule, a magistrate judge’s authority to issue warrants is limited to persons or property located within the … Continue Reading