Insights

Technology and the Law

Analysis of developments where technology meets criminal defense, civil litigation, and appeals, from digital evidence and forensics to artificial intelligence in the courtroom.

Oct 2026

“Indiscriminate Mass Surveillance”: A Federal Court Holds a Warrantless Flock Search Unconstitutional

In United States v. Kyle, a federal judge held that searching a license plate reader network without a warrant violated the Fourth Amendment.

Fourth Amendment · Surveillance
Oct 2026

Forensic Phone Searches at the Border: The Question the Second Circuit Left Open

After United States v. Alisigwe, agents at JFK can scroll through a traveler’s phone without suspicion. Can what they find justify a full extraction?

Digital Evidence · Fourth Amendment
Jul 2019
Note added 2026

A Quick Guide to New York’s ‘Revenge Porn’ Law

Criminal penalties and civil remedies for the nonconsensual sharing of intimate images, now including deepfakes and the federal TAKE IT DOWN Act.

Privacy · Civil & Criminal
Aug 2018
Note added 2026

Cybercrime Investigations Post Carpenter v. United States: What’s Next?

What Carpenter’s limits on the third-party doctrine mean for IP addresses, Internet of Things data, and cryptocurrency records.

Fourth Amendment
Mar 2016
Updated 2026

Cross-Examining the Cell Phone Forensics Expert at Trial

Practical pointers for challenging cell phone evidence, drawn from cross-examinations of government forensics experts at trial.

Digital Evidence
Jun 2014
Note added 2026

Obtaining Gmail Subscriber Information From Google in New York Courts

How to identify the person behind an anonymous Gmail account, from email headers to pre-action disclosure under CPLR § 3102(c).

Electronic Discovery

These articles provide general information, not legal advice, and reading them does not create an attorney-client relationship.