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Thursday, April 17, 2014

Ladar Levison's court loss leaves privacy issues undecided

 

 

By Alexander R. Cohen
 

Instead of giving serious consideration to the core issue in the case—whether the government was entitled to force Levison to turn over his encryption keys so that investigators could get one customer’s metadata, even though that would have meant giving the government access to all his customers’ metadata and email contents—the court decided the appeal on the ground that Levison had failed to raise his arguments in the trial court. You’re generally not allowed to ask an appellate court to say a trial court got something wrong unless you gave the trial court a chance to get it right. You aren’t allowed to raise whole new issues in the appeal. And that’s what the Fourth Circuit said Levison was trying to do.
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