A federal appeals court ruled that the government violated the Fourth Amendment when investigators searched computer files that had been seized in an unrelated investigation more than two and a half years earlier. The Second Circuit found that the government has a duty to delete all files not responsive to the original warrant and cannot indefinitely retain data "for use in future criminal investigations." This rule imposes a data minimization requirement on law enforcement investigators and is similar also to the much discussed "right to be forgotten." EPIC argued in favor of the data minimization principles adopted by the Ninth Circuit in US v. Comprehensive Drug Testing. For more information, see United States v. Ganias, EPIC: Quon v. City of Ontario, CA and EPIC: Code of Fair Information Practices.
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Communications Law and Policy
Jerry Kang and Alan Butler