Efrain Alvarado III Defense Distributed v. United States Department of State (2016) dealt with an interesting interpretation of the First Amendment that ultimately questioned whether or not the source code for 3D printed CAD (computer-aided-drafting) files that are printable guns ought to be protected as expression of free speech. Defense Distributed, a nonprofit that promotes […]Read more "The Legal Ramifications of 3D Printable Firearms"
In State v. Loomis (2016), the Wisconsin Supreme Court addressed the issue of presentencing investigation reports and how they ought to be treated in regards to sentencing criminals. Presentencing investigations reports are documents that provide offender’s background information to sentencing courts and calculate the likelihood of individuals with the offender’s background to commit another crime […]Read more "State v. Loomis and Presentencing Investigations"
Efrain Alvarado III GOV 346 4/2/17 United States v. Jones (2012) and Illegal Use of Tracking Devices Antoine Jones, a nightclub owner located in Washington D.C., was suspected by the local police and FBI as being a cocaine trafficker. His nightclub was under visual surveillance with a camera near the establishment; law enforcement also had […]Read more "United States v. Jones (2012) and Illegal Use of Tracking Devices"
Efrain Alvarado III 3/26/17 United States v. Nosal (Nosal II) and the CFAA This case involved the Computer Fraud and Abuse Act (CFAA), a law that criminalized intrusion into computer systems (including all “used in affecting interstate or foreign commerce or communication,” and imposed criminal penalties on anyone who “accesses a protected computer without authorization, […]Read more "United States v. Nosal (Nosal II)"
Efrain Alvarado III 3/5/2017 A Fourth Circuit case, United States v. Graham (2016) brought to light the relevant issue of the Supreme Court’s third-party doctrine. The doctrine holds that “people cannot reasonably expect privacy in information they willingly disclose to third parties, and thus, that government intrusions on such information are not Fourth Amendment searches.” […]Read more "The Outdated Third-Party Doctrine"
Microsoft Corp v. United States was a case that had a familiar theme from some other cases examined in this blog; an instance where potentially outdated laws were used to decide a case that involved new technology. In this case, the Second Circuit found that the Government cannot compel ISPs (Internet Service Providers) to produce […]Read more "The Difficulty of Classifying Data"
Efrain Alvarado III 2/19/17 The Sixth Circuit Court case Huff v. Spaw (2015) dealt with, among other issues, the ramifications that older legislation such as the Federal Wiretap Act (Title III of the Omnibus Crime Control and Safe Streets Act of 1968) might have on modern day society. The goal of the Federal Wiretap Act […]Read more "Pocket Dials and Fourth Amendment Rights: Where is the Line Drawn?"