Apple is marketing its newest smartphone operating system, iOS 8, as a bulwark of personal privacy. Apparently, not even Apple itself can bypass a customer’s passcode and extract data from an iPhone that runs the new operating system. This means that even in response to a court order, the company will be powerless to comply. Competitors are likely to follow suit.
This is a development with profound implications for law enforcement, which views the ability to obtain such data with a warrant as crucial in its efforts to combat crime and terrorism. Defenders of the new technology point out that law enforcement may be able to obtain the same data in different ways; for example, if the data is stored “in the cloud” or if the password can be deduced somehow.
Continue reading “You Knew Your New iPhone Was Cool, but Did You Know….?”
This short post is not the promised second part of my intended series on what the Seventh Circuit did during your summer vacation. But, it may interest those of you who follow developments in the criminal law. In a much-anticipated decision with parallels to United States v. Brown, 744 F.3d 474, 476 (7th Cir. 2014), the en banc Court of Appeals for the Third Circuit held today that pre-Jones warrantless use of GPS to collect data about a suspect did not require suppression of the GPS-evidence under the exclusionary rule. The case is United States v. Katzin, No. 12-2548 (3d Cir. Oct. 1, 2014).
Continue reading “Third Circuit Rules on Use of GPS Technology”
Part One: Supervised Release
It’s been an eventful summer at the United States Court of Appeals for the Seventh Circuit in Chicago. In addition to deciding high-profile cases involving same-sex marriage and the validity of Wisconsin’s “Act 10” legislation, the Court has issued noteworthy opinions addressing criminal sentencing procedure and the law of evidence.
Seemingly out of the blue, the Court has signaled a new willingness to take a closer look at the imposition of supervised release conditions in federal criminal cases. Prosecutors, defense attorneys, judges, and probation officers will all be required to “up their game” in response to this new scrutiny. Continue reading “What the Seventh Circuit Did During Your Summer Vacation”