Lawyers from the Justice Department are appealing to a higher court after Magistrate Judge John Facciola’s denial of the department’s application to search and seize several months’ worth of a suspect's e-mails, reports The Wall Street Journal. Facciola has twice denied the application saying the first step of the government’s two-step process, in which the government obtains all e-mails and information tied to the account from a third party, puts too much personal information in their hands. Facciola believes the third party, in this case Apple, can sift through the data prior to giving it to the government, but the Justice Department objects to giving investigative responsibility to a service provider. (Registration may be required to access this story.)
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