In recent years, the government has increasingly turned to hacking as an investigative technique. Specifically, the Federal Bureau of Investigation (“FBI”) has begun deploying malware: software designed to infiltrate and control, disable, or surveil a computer’s use and activity.

The instant Indictment and a companion Indictment accuse 25 people, mostly young, overwhelmingly people of color, and many of them heroin addicts, of a conspiracy conducted essentially by communication through cell phones.

Whether a defense attorney in an internal investigation represents an employer or an employee, it is imperative that the attorney is prepared for the issues that arise when collecting data from a personal smartphone. The authors outline the nearly infinite universe of potentially collectible data that exists within smartphones. Also, they provide an overview of the rights and interests of the employer and employee. Finally, the authors provide a cautionary note about the scope of internal investigations in which a private company becomes a de facto arm of the government.

Snapchat's Guide for Law Enforcement regarding the required legal processes for obtaining information for users' accounts.

Example Subpoena Language for Call Detail Records.

Digital Forensics Guide Cell Phone Location and Tracking Forensics. 

Compelled cell phone password & seizure materials.

Call Detail Records - What you should get in discovery from opposing counsel.

Brief of the National Association of Criminal Defense Lawyers and the Brennan Center for Justice at New York University School of Law as Amici Curiae in Support of Petitioner.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in support of Petitioner.