In the News

Bryan Cunningham on Police Body Cameras

These Are the Police Body Camera Questions State and Local Stakeholders Must Address Quickly

A North Carolina jury failed to reach a verdict in the case of a police officer who shot an unarmed black man 10 times in the back and the judge dismissed the case in late August.

Police cruiser dashboard camera footage showed the suspect rapidly approaching the car but did not capture the 13 shots fired by the officer, or the 10 that struck the deceased.

In defense, the officer claimed the suspect tried to grab his gun. The jury voted 8-4 to acquit, and the attorney general said he would not retry the officer due, in part, to lack of evidence.

We will never know what really happened that night. Had the officer been wearing a body-worn video camera (BWC), we might.  (Keep Reading)

Bryan Cunningham on French Terror Attacks

War or Crime? Figure it Out

Friday, January 9, 2015 at 1:11 PM

In the Clinton Administration, I participated in vigorous debates about whether to treat transnational threats, such as terrorism and weapons of mass destruction, as law enforcement or intelligence and war fighting issues.  After September 11, 2001, this issue was thrust into the limelight as the Bush Administration and civil liberties groups argued in public about whether to treat terrorists as enemy combatants or common criminals—with Congress, as always, vacillating with public opinion. One of the primary critiques agreed upon by the bipartisan 9/11 Commission was that treating terrorism, as was largely done before 9/11, as a traditional law enforcement issue was a mistake.

Read more at Lawfare

AG nominee also leading probe in NY chokehold case

Published: Today

FILE – In this Dec. 2, 2014 file photo, Attorney General nominee Loretta Lynch meets with Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt. on Capitol Hill in Washington. As the Justice Department opens a civil rights investigation into the chokehold death of an unarmed man in New York City, the prosecutor in charge of the probe is juggling another high-profile role: designated heir to Eric Holder as the nation’s attorney general.

WASHINGTON (AP) – As the Justice Department opens a civil rights investigation into the chokehold death of an unarmed man in New York City, the prosecutor in charge of the probe is juggling another high-profile role: designated heir to Eric Holder as the nation’s attorney general.

The dual positions have placed Loretta Lynch in a public spotlight ahead of Senate confirmation hearings, a period of time when cabinet nominees normally seek a lower profile to avoid providing fodder for critics. She’ll inevitably be questioned about the investigation into Eric Garner’s death, an obvious priority for a Justice Department seeking to address concerns about police use of force and racial bias in law enforcement.

“This case is going to gain public notoriety either way. That she’s handling it certainly gives another reason for people to talk about it,” said Joshua Levy, a Washington lawyer and former counsel to Sen. Charles Schumer, D-N.Y., a member of the Senate Judiciary Committee that will consider Lynch’s nomination.

Read more

Our Day in Court?

By by Bryan Cunningham, Cunningham Levy LLP
Friday, September 12, 2014

Something unusual happened in an Oakland federal court this summer. The U.S. Government, concerned that classified national security information had been disclosed in a courtroom crowded with reporters and spectators, asked the court to modify the public record, as though the words had never been said at all, but the government later decided no classified information had been disclosed, so the issue became moot.

Read more >>>

Riley v. California: Good News for the Cloud But Don’t Over Read the Results

The United States Supreme Court overlooked the birth of the pager, the car phone, the cell phone, the Internet, social media, GPS and other ubiquitous tracking of individuals, and the cloud. With its 2012 decision in United States v. Jones, limiting the warrantless use of GPS tracking devices, it appeared that at least a majority of the justices had awakened at least enough to notice that technology had changed the world.

Read more at >

America’s Response to China’s Cyber Espionage: A Paper Tiger?

For decades, the People’s Republic of China has pursued a kind of cyberwar against its perceived enemies, including the Dalai Lama, India, Western countries generally, and, with special vigor, the United States. On May 1st, America launched its first publicly-known counterattack, not with bullets or bits, or bytes, but with words. Specifically, the U.S. Department of Justice (DOJ) indicted five named People’s Liberation Army officers for economic espionage targeted at U.S. companies in the nuclear power, solar energy, and metals sectors.


Trust But Verify Big Datamining Claims

Much has been written in recent years about the benefits and risks of “free” cloud services monetized by providers mining the private data of users. These risks are particularly acute in some government cases, e.g., education applications mining the data of students, and applications used by law enforcement and national security agencies. I, along with others, have recommended that government entities include clauses in contracts with cloud providers prohibiting data mining. Some governmental contracting authorities have embraced this remedy.

Read the full article on

Coverage Across the Globe

Coastal offices. International service.