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U.S. v. LEVIN

No. 16-1567.

874 F.3d 316 (2017)

UNITED STATES of America, Appellant, v. Alex LEVIN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 27, 2017.

Attorney(s) appearing for the Case

Kelly Begg Lawrence , Assistant United States Attorney, with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellant.

J.W. Carney, Jr. , with whom Nathaniel Dolcort-Silver and J. W. Carney, Jr. & Associates were on brief, for appellee.

Mark Rumold , with whom Andrew Crocker , Electronic Frontier Foundation, Jessie J. Rossman and American Civil Liberties Union of Massachusetts, were on brief, as amici curiae.

Caroline Wilson Palow , Scarlet Kim and Privacy International on brief, as amici curiae.

Before Torruella, Selya, and Lynch, Circuit Judges.

Central to this case is the Federal Bureau of Investigation's ("FBI" or "government") use of software that it terms a Network Investigative Technique ("NIT"). The FBI used the NIT pursuant to a warrant it obtained from a magistrate judge in the Eastern District of Virginia (the "NIT warrant"). The FBI installed the NIT...

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