Magistrate denies search warrant application for lack of probable cause and filtering safeguards

A federal magistrate in the District of Kansas recently denied applications for data from multiple electronic communications services, finding that the requests violate the Fourth Amendment. The requests from the FBI concern the theft of computer equipment from Sprint and the transportation of that equipment from Kansas to buyers in New Jersey.

The court first found that the request for service providers to turn over "all email communication ... and all records" is "too broad and too general". Limits are required. Also, the government must establish in its application plans for review of the data by specifying "any sorting or filtering procedures" for irrelevant data "or that contain attorney-client privileged information."

Ultimately, the magistrate held, "The government thus has not shown probable cause for the breadth of the warrants sought here." Further, even had probable cause existed,

To comport with the Fourth Amendment, the warrants must contain sufficient limits or boundaries so that the government-authorized agent reviewing the communications can ascertain which email communications and information the agent is authorized to review.

Examples of proper procedural safeguards suggested by the court include limiting the search to "certain key words or emails sent to/from certain recipients, appointing a special master..., or setting up a filter group or taint-team to review the information."

The case is In The Matter Of Applications Case For Search Warrants For Information Associated With Target Email Accounts/Skype Accounts, Nos. 13-MJ-8163-JPO, 13-MJ-8164-DJW, 13-MJ-8165-DJW, 13-MJ-8166-JPO, 13-MJ-8167-DJW (D. Kan. 2013).