Baseball and e-discovery

It’s not often that I get to write about two of my favorite yet unrelated things in a single blog entry. In this serendipitous case the two things are Major League Baseball and E-discovery. Or more specifically a ruling about the discovery in the infamous steroids use by MLB players investigation. This entry in the Electronic Discovery Law blog sums the deliciously ugly business up nicely.

The Justice Department’s aggressive steroids probe has led the 9th U.S. Circuit Court of Appeals to enunciate a new set of Fourth Amendment protections for the digital age.

In an en banc opinion Wednesday that split conservatives on the court, Chief Judge Alex Kozinski said federal agents were wrong to seize swaths of drug test results from labs in Nevada and California.  The computer files taken by the government revealed information about far more people — including professional baseball players and others — than allowed by a search warrant.

Whoa! Let me get this straight, the U.S. Attorney’s office did a wholesale snatch of confidential information? To paraphrase a famous baseball quote, “Say ain’t so!

Or more appropriately given recent entries in Security For All, “It’s deja vu all over again“.

For complete details check out the Westlaw document (in MS Word format) with the full opinion.