October 21, 2019 | New York Law Journal
Warrant-Proof Encryption and Lawful DecryptionIn his Cyber Crime column, Peter A. Crusco addresses the legal landscape surrounding the question of what legal options are available for decrypting an electronic device that has been seized via a lawful search warrant subject to a criminal investigation. For example, may an accountant be compelled to disclose the password to a computer or cellphone? Courts are in apparent disagreement, and federal and state legislatures appear unwilling to act.
By Peter A. Crusco
9 minute read
August 26, 2019 | New York Law Journal
Sovereign Foreclosures and the UCC-1 Bogus Lien ScamIn his Cyber Crime column, Peter A. Crusco addresses the latest metamorphoses of the bogus UCC-1 notice of lien filing scam, its impact on the courts and remedies in New York.
By Peter A. Crusco
9 minute read
June 24, 2019 | New York Law Journal
The Admissibility of Blockchain Evidence in New YorkIn his Cyber Crime column, Peter A. Crusco addresses whether and under what circumstances blockchain evidence is admissible in a New York state court.
By Peter A. Crusco
10 minute read
April 22, 2019 | New York Law Journal
'Carpenter' Squared: Review and Reconcile State Court Cases Impacted by Landmark SCOTUS DecisionIn his Cyber Crime column, Peter A. Crusco writes: Now that the initial dust raised by 'Carpenter' has settled, it is illuminating to review and reconcile some of the state court cases evidently impacted by the landmark decision.
By Peter A. Crusco
8 minute read
February 25, 2019 | New York Law Journal
Virtual Currencies and Illegal Money TransmissionCyber Crime columnist Peter Crusco discusses the interplay between the virtual currency tide and present day money transmission statutes. He writes: “Today, money transmission statues have been taken out of mothballs to confront a new threat posed by the availability of a new laundering mechanism—the marketing of little-regulated … bitcoins.”
By Peter A. Crusco
9 minute read
October 22, 2018 | New York Law Journal
'Gamble v. United States' and the Dual Sovereignty DoctrineCyber Crime columnist Peter A. Crusco writes: With the newest Justice of the U.S. Supreme Court seated, court watchers are scrutinizing how the new mix of justices will interact and determine the array of pending cases. Cyber crime aficionados, in particular, may be watching with special interest this December's upcoming oral argument in 'Gamble v. United States'.
By Peter A. Crusco
10 minute read
August 27, 2018 | New York Law Journal
Crime Fighting Cyber Surveillance Tools After 'Carpenter's' AdjustmentIn his Cyber Crime column, Peter Crusco discusses “Carpenter v. United States,” describing the case as "probably the most important Fourth Amendment case involving new crime fighting cyber surveillance technology to reach the high court in many years."
By Peter A. Crusco
9 minute read
April 23, 2018 | New York Law Journal
Rants, Posts, and the True Threats DoctrineCyber Crime columnist Peter A. Crusco discusses recent cases addressing some of the more frequently raised issues concerning the parameters of the true threats doctrine.
By Peter A. Crusco
10 minute read
February 26, 2018 | New York Law Journal
Defense Subpoenas Duces Tecum for State Witnesses' Social Media Accounts and Smart Phone DataIn his Cyber Crime column, Peter A. Crusco writes: It is no surprise that courts nationwide are more frequently wrestling with subpoena requests in litigation initiated by the defense in criminal cases for state's witnesses' relevant smart phone data and social media footprint including their posts, messages and emails in pursuit of finding impeachment material, conflicting explanation of events, false information and other grounds for further investigation to, among other reasons, challenge these witnesses' recollection and reliability. He addresses common issues raised by this litigation.
By Peter A. Crusco
12 minute read
December 22, 2017 | New York Law Journal
'Carpenter' and 'Weaver': Strange Bedfellows?Cyber Crime columnist Peter A. Crusco analyzes the issues raised in 'Carpenter' and compares them with those in 'Weaver' to shed new light on this evolving and often confusing area of privacy, third-party digital records and Fourth Amendment jurisprudence.
By Peter A. Crusco
13 minute read
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