Government Access to Digital Data
In light of the recent ruling that there’s no expectation of privacy in information transmitted over a wireless router, many people may be wondering how other online information is treated under the law. Techdirt recently posted a link to a useful Pro Publica guide to digital data and accessibility by law enforcement.*
This guide discusses popular digital data types, such as phone records, cell phone location information, IP addresses, emails and text messages. Obtaining IP address information has been a key aspect in many of the recent BitTorrent lawsuits.
As the guide explains, many of these types of information can be collected by law enforcement with only a subpoena, rather than a warrant. The standard for granting a subpoena is lower than that required to get a warrant, thus making the information easier for law enforcement to access. To obtain a warrant, the police must show that they have probable cause to search or seize evidence. A hunch that evidence may be found is not enough—the police have to establish that evidence of a crime will probably be found. By contrast, a subpoena requires only a reasonable probability that the materials sought will produce information that is relevant to the general investigation.
A subpoena is a legal document that generally requires the recipient to turn over the information specified at a future date, which is also specified in the document. The recipient may be directed to provide information about himself or about third persons, such as when ISPs receive subpoenas directing them to turn over subscriber information. If you receive a subpoena from your ISP, it is a good idea to contact an attorney to discuss your options.
*We provide these links for general informational purposes only. We make no claims about whether the guide’s contents are legally correct, or suitable for your particular circumstances. Neither the guide linked to nor the contents of this blog are legal advice. You should obtain legal advice from a licensed attorney regarding your own unique circumstances.
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JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.