April 29, 2022

Bloomberg Law Turns to Paul Luehr for Insight on Digital Account Data for Investigations

Bloomberg Law reported on a Ninth Circuit ruling that allows tech companies to turn over an individual’s online account data to law enforcement for preservation without violating the Fourth Amendment. Privacy, cybersecurity and data strategy partner Paul Luehr discussed the potential impact the ruling may have on digital preservation for criminal investigations and the role “terms of use” agreements play in account privacy.

Law enforcement officials have to strike a careful balance between protecting people’s privacy and preserving digital data for investigations, said Luehr. He added that digital data could be easily deleted or altered, so preservation requests are an important mechanism for maintaining the integrity of an investigation.

“It’s important to note the companies didn’t provide info without further legal process,” Luehr stated. “If the government had asked for content and metadata without any further legal process and it was delivered to them directly, that would’ve been a problem — but that didn’t happen here.”

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