Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 19 of 21
-19III.
EFF MOTION TO FILE AMICUS BRIEF
Courts have wide discretion in deciding whether to grant a
third party leave to file an amicus curiae brief.
See Nat’l
Ass’n of Home Builders v. U.S. Army Corps of Eng’rs, 519 F.
Supp. 2d 89, 93 (D.D.C. 2007).
Court have permitted parties to
file amicus briefs where “the brief will assist the judges by
presenting ideas, arguments, theories, insights, facts, or data
that are not to be found in the parties’ briefs.”
Voices for
Choices v. Illinois Bell Tel. Co., 339 F.3d 542, 545 (7th Cir.
2003).
In addition, courts have granted amici permission to
file briefs when “‘a party is not represented competently or is
not represented at all, when the amicus has an interest in some
other case that may be affected by the decision in the present
case,’” or in cases where “‘the amicus has unique information or
perspective that can help the court beyond the help that the
lawyers for the parties are able to provide.’”
Jin v. Ministry
of State Sec’y, 557 F. Supp. 2d 131, 137 (D.D.C. 2008) (quoting
Ryan v. Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064
(7th Cir. 1997)).
EFF seeks leave to file an amicus brief in this matter in
light of the “critical questions about the application of the
Fourth Amendment to emerging technologies,” and to address “the
appropriate balance between the government’s interest in
protecting the integrity of its investigation and the privacy
interests at stake.
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