Maurice Recchia Authors Article On Court Of Appeals’ Case Involving Facebook

May 8, 2017

On April 13, 2017, Maurice Recchia’s article, entitled Court of Appeals’ ‘Facebook’ Decision Leaves Many Questions Open, was published by the New York Law Journal.  The article discusses the Court of Appeals’ recent decision in Matter of 381 Search Warrants Directed to Facebook, 2017 N.Y. Lexis 767, 2017 N.Y. Slip Op. 02586 (N.Y. April 4, 2017), which upheld the denial of Facebook’s motion to quash warrants for the entire digital histories of 381 users on Facebook, including all profile information, texts, messages, phots, videos and all on information on the users’ timelines.  Mr. Recchia discusses how the decision does not address several issues, including whether Facebook has standing to assert a Fourth Amendment claim on behalf of its users, the constitutionality of the warrants, whether an individual has a reasonable expectation of privacy in his/her electronic communications, and whether 18 U.S.C. section 2703(d) authorizes a motion to quash an SCA warrant in the first instance.  The link to the article can be found here:  http://www.newyorklawjournal.com/id=1202783664397/Court-of-Appeals-Facebook-Decision-Leaves-Many-Questions-Open?mcode=0&curindex=0&curpage=3

 

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