31 Cited authorities

  1. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,093 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  2. United States v. Rodgers

    461 U.S. 677 (1983)   Cited 875 times   4 Legal Analyses
    Holding that § 7403 contemplates "the recognition of third-party interests through the mechanism of judicial valuation and distribution"
  3. People v. Stanley

    10 Cal.4th 764 (Cal. 1995)   Cited 2,194 times   1 Legal Analyses
    Upholding admission of evidence of a car arson as an offense that "involved an implied threat of violence against a person"
  4. Snow v. Directv, Inc.

    450 F.3d 1314 (11th Cir. 2006)   Cited 695 times
    Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant
  5. Griggs-Ryan v. Smith

    904 F.2d 112 (1st Cir. 1990)   Cited 960 times
    Holding that "implied consent" is inferred from circumstances indicating that party knowingly agreed to surveillance
  6. U.S. v. Warshak

    631 F.3d 266 (6th Cir. 2010)   Cited 446 times   21 Legal Analyses
    Holding that 18 U.S.C. § 982 forfeiture provision reached "proceeds obtained" from money generated through "legitimate" sales because they "resulted ‘directly or indirectly’ " from the criminal offense
  7. United States v. Graham

    824 F.3d 421 (4th Cir. 2016)   Cited 164 times   12 Legal Analyses
    Holding that no warrant was required to obtain historical cell site location information
  8. Konop v. Hawaiian Airlines, Inc.

    302 F.3d 868 (9th Cir. 2001)   Cited 212 times   5 Legal Analyses
    Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"
  9. Sams v. Yahoo! Inc.

    713 F.3d 1175 (9th Cir. 2013)   Cited 137 times   1 Legal Analyses
    Holding that, when considering a motion to dismiss under Rule 12(b), courts "are permitted to consider documents that were not physically attached to the complaint where the documents' authenticity is not contested, and the plaintiff's complaint necessarily relies on them"
  10. Crispin v. Christian Audigier, Inc.

    717 F. Supp. 2d 965 (C.D. Cal. 2010)   Cited 120 times   12 Legal Analyses
    Holding that Facebook posts are stored "for purposes of backup protection" under SCA by analogizing to electronic bulletin boards specifically discussed in SCA's legislative history
  11. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,776 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
  12. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,322 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
  13. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,201 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
  14. Section 2707 - Civil action

    18 U.S.C. § 2707   Cited 457 times   19 Legal Analyses
    Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"
  15. Section 2702 - Voluntary disclosure of customer communications or records

    18 U.S.C. § 2702   Cited 343 times   24 Legal Analyses
    Restricting use of Internet subscriber information without consent
  16. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,146 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or