Photo of Former Attorney Cara Arnold

Former Attorney Cara Arnold

Previously with Husch Blackwell, Cara defended healthcare clients in commercial litigation, fraud allegations, and white collar matters. Cara focused her practice on hospitals, health systems, and other healthcare organizations. She concentrated primarily on litigation, fraud and abuse claims, and False Claims Act violations, and she guided clients through both internal and government investigations.

Cyber security and protection of private information and data concept. Locks on blue integrated circuit. Firewall from hacker attack.

How AI-Powered Attacks, Supply Chain Vulnerabilities, and Regulatory Pressures Are Shaping Cybersecurity Today

In today’s digital-first world, cybersecurity has never been more crucial. Organizations across every industry face a rapidly changing threat landscape, with data breaches growing in frequency and sophistication. Modern attackers leverage advancements in technology, particularly artificial intelligence (AI), to launch innovative campaigns that challenge traditional defenses. At the same time, supply chain vulnerabilities and increased regulatory scrutiny are raising the stakes for organizations.

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As two defendants in an alleged cryptocurrency fraud case are finding out, what you search for on the internet could find its way into the courtroom and be used against you. The use of internet search history as evidence in federal criminal cases is relatively new. In this case, prosecutors are seeking to introduce defendants’ post-trade internet searches as evidence of fraudulent intent. Their searches allegedly ranged from “top crypto law firms” and “wire fraud statute” to “can your device be searched without a lawyer” and “crypto theft deductible.”

The critical question: should internet search history be admissible as evidence at trial? The answer is far from simple. Defendants generally have moved to exclude them, and the arguments for and against exclusion highlight the complex interplay between relevance, prejudice, ambiguity, and privilege.

Judge's gavel on table in office

When companies receive their first 2703(d) order from law enforcement, their response is usually a mix of confusion and terror. In the ever-evolving landscape of digital communications, understanding the legal mechanisms that govern data access is crucial. One such mechanism is the 2703(d) order, a powerful tool that law enforcement is using more and more as digital evidence becomes more robust and complex. This post examines the nature of a 2703(d) order and considers its implications for organizations, privacy officers, compliance professionals, and defense counsel.