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Archive for February, 2016

Actual Order that Apple Need Not Assist FBI Search iPhone in Brooklyn Drug Case

Here is the actual order in IN RE ORDER REQUIRING APPLE, INC. TO ASSIST IN THE EXECUTION OF A SEARCH WARRANT ISSUED BY THIS COURT. The judge decided this case as a matter of statutory construction and not as a Constitutional matter, stating: “In deciding this motion, I offer no opinion as to whether, in […]

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Feb 29th, 2016 AppleVsFBI

Cyber Round Up: Hackers Caused Ukrainian Power Outage — U.S. report; U.S. Air Force Cyber Weapon Operational; U.S. Navy Issues New Cybersecurity Standards

Hackers Caused Ukrainian Power Outage — U.S. report (Arstechnica): The Department of Homeland Security Industrial Control Systems Cyber Emergency Response Team (“ICS-CERT”) determined that hackers did indeed cause the December 2015 power outage in Ukraine that affected 225,000 customers, according to Arstechnica. The article reported that this is the “first confirmed instance” of the use […]

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Wrong, Apple. There is no 4th Amendment Issue.

Commentary In its motion filed yesterday, Apple states: “Nor does society tolerate violations of the Fourth Amendment, even though the government could more easily obtain critical evidence if given free rein to conduct warrantless searches and seizures” (p.35, l.11). Yet, nowhere in its motion or supporting Memorandum of Points and Authorities does Apple argue that […]

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Feb 26th, 2016 AppleVsFBI, Commentary

Actual Motion Filed by Apple in AppleVsFBI

Actual pleading filed by Apple in federal court on February 25, 2016, APPLE INC’S MOTION TO VACATE ORDER COMPELLING APPLE INC. TO ASSIST AGENTS IN SEARCH, AND OPPOSITION TO GOVERNMENT’S MOTION TO COMPEL ASSISTANCE. [Editors note:  This blog will attempt to provide readers with access to all of the primary source documents in the current […]

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Feb 26th, 2016 AppleVsFBI, encryption

Apple’s Odd First Amendment Argument

I have been saying that there is no Constitutional issue in the case In The Matter of the Search of an Apple Iphone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, the so-called “Apple v. FBI” litigation, because the government has a warrant to search the […]

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Actual Government Motion to Compel Apple to Comply with Court Order

Government’s Motion to Compel Apple, Inc. to comply with the Court’s February 16, 2016 Order compelling assistance in search. [Editors note:  This blog will attempt to provide readers with access to all of the primary source documents in the current litigation between the U.S. Department of Justice and Apple Inc., technically known as In The […]

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Actual Order Compelling Apple, Inc. to Assist Agent’s in Search of iPhone

[Editors note:  This blog will attempt to provide readers with access to all of the primary source documents in the current litigation between the U.S. Department of Justice and Apple Inc., technically known as In The Matter of the Search of an Apple Iphone Seized During the Execution of a Search Warrant on a Black […]

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Apple CEO Vows to Challenge Court Order to Assist in San Bernardino Shooting Investigation

The encryption debate continues. A court order compelling Apple Inc. to assist the FBI in obtaining access to the data contained in the iPhone of one of the San Bernardino shooters was issued on February 16, 2016.  Since then, Apple’s CEO, Tim Cook, has released a letter addressed to customers vowing to challenge the court […]

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CRS Brief: The EU-US Safe Harbor Agreement on Personal Data Privacy

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Feb 17th, 2016 Safe Harbor

When is an Online Post a “Threat” under 18 USC § 875

While a slight departure from our typical cybersecurity and law topics, what follows is an examination of what the Supreme Court believes is a true threat and how that may impact First Amendment protections. In an article by Garrett Epps which appeared in The Atlantic[1], Epps examines the recent Supreme Court decision from Elonis v. […]

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Authors

Untitled Document
Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Christopher w. FolkChristopher W. Folk

is a second year student at SU College of Law. Christopher is a non-traditional student, returning to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering and in addition to being a full-time student, Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Ryan D. White

Ryan D. WhiteRyan is currently a second year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic.Full biography

Anna Maria Castillo

is a third year law student at Syracuse College of Law. She is also pursuing a Master of Arts in International Relations at Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She currently serves as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a third year student at Syracuse College of Law. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She is a member of the Syracuse National Trial Team and was recently awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She has served as a law clerk in the United States Attorney's Office for the Western District of New York and the Public Defender Service for the District of Columbia and as an extern in the United States District Court for the Western District of Washington. Full biography

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

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