Owsley Cited by Federal District Court
March 16, 2015
Assistant Professor Brian Owsley’s recently published article, To Unseal or Not to Unseal: The Judiciary’s Role in Preventing Transparency in Electronic Surveillance Applications and Orders, 5 CALIF. L. REV. CIRCUIT 259, 264 (2014), has been cited in a published federal court decision: Matter of Grand Jury Subpoena for: [Redacted]@yahoo.com, _ F. Supp. 3d _, 2015WL604267, at *3, n.15 (Feb. 5, 2015). Professor Owsley as a former federal magistrate court judge has both adjudicated and written about electronic surveillance and the unique difficulties that such surveillance raises for law enforcement officers in connection with privacy matters. As quoted in the federal court opinion, “As my former colleague Judge Owsley has pointed out, this dynamic largely reflects institutional inertia, not some nefarious plot on the part of the dedicated public servants of the Department of Justice. ‘Busy federal prosecutors rightly focus more on the present and future investigation and prosecution of criminal activity, not the reexamination of long-concluded cases and investigations.’”.