@wendyndavis.bsky.social
Journalist covering law and technology
Reposted
"If it lies within the province of a court to change the charging part of an indictment to suit its own notions of what it ought to have been ... the great importance [of] an indictment by a grand jury ... may be frittered away until its value is almost destroyed." —Ex parte Bain (1887)
![From Ex parte Bain, 121 U.S. 1, 10, 13 (1887)(overruled on other grounds but subsequently cited in, e.g., Russell v. United States, 369 U.S. 749 [1962])
If it lies within the province of a court to change the charging part of an indictment to suit its own notions of what it ought to have been, or what the grand jury would probably have made it if their attention had been called to suggested changes, the great importance which the common law attaches to an indictment by a grand jury, as a prerequisite to a prisoner's trial for a crime, and without which the Constitution says "no person shall be held to answer," may be frittered away until its value is almost destroyed. ...
Any other doctrine would place the rights of the citizen, which were intended to be protected by the constitutional provision, at the mercy or control of the court or prosecuting attorney; for, if it be once held that changes can be made by the consent or the order of the court in the body of the indictment as presented by the grand jury, and the prisoner can be called upon to answer to the indictment as thus changed, the restriction which the Constitution places upon the power of the court, in regard to the prerequisite of an indictment, in reality no longer exists.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreiavfvuc6nbldoxfrguybliutrn47pfzxumlzgyfgxs3f25rphxjeu@jpeg)
November 19, 2025 at 5:49 PM
"If it lies within the province of a court to change the charging part of an indictment to suit its own notions of what it ought to have been ... the great importance [of] an indictment by a grand jury ... may be frittered away until its value is almost destroyed." —Ex parte Bain (1887)
Reposted
Bovino: "Whether they were criminals or individuals that were taking jobs from Americans -- you name it, that's what they were doing. And I'll tell you what's gonna happen. We're gonna go even harder on the streets. If he releases those 650, we're gonna apprehend 1,650 on the streets of Chicago."
November 13, 2025 at 7:45 PM
Bovino: "Whether they were criminals or individuals that were taking jobs from Americans -- you name it, that's what they were doing. And I'll tell you what's gonna happen. We're gonna go even harder on the streets. If he releases those 650, we're gonna apprehend 1,650 on the streets of Chicago."
TikTok users withdrew a privacy lawsuit against the company after viewing its software code and determining it didn't collect the data at issue.
The original complaint alleged TikTok logged keystrokes when app users visited outside sites through TikTok's in-app browser.
The original complaint alleged TikTok logged keystrokes when app users visited outside sites through TikTok's in-app browser.
November 13, 2025 at 9:13 PM
TikTok users withdrew a privacy lawsuit against the company after viewing its software code and determining it didn't collect the data at issue.
The original complaint alleged TikTok logged keystrokes when app users visited outside sites through TikTok's in-app browser.
The original complaint alleged TikTok logged keystrokes when app users visited outside sites through TikTok's in-app browser.
Verizon asks SCOTUS to review 2nd Cir. ruling that upheld $47 million privacy fine imposed by FCC. Argues fine violated right to jury trial.
5thCir recently ruled against FCC on same issue & vacated
AT&T fine. FCC wants SCOTUS to review that ruling.
supremecourt.gov/DocketPDF/25...
5thCir recently ruled against FCC on same issue & vacated
AT&T fine. FCC wants SCOTUS to review that ruling.
supremecourt.gov/DocketPDF/25...
supremecourt.gov
November 13, 2025 at 7:33 PM
Verizon asks SCOTUS to review 2nd Cir. ruling that upheld $47 million privacy fine imposed by FCC. Argues fine violated right to jury trial.
5thCir recently ruled against FCC on same issue & vacated
AT&T fine. FCC wants SCOTUS to review that ruling.
supremecourt.gov/DocketPDF/25...
5thCir recently ruled against FCC on same issue & vacated
AT&T fine. FCC wants SCOTUS to review that ruling.
supremecourt.gov/DocketPDF/25...
9th Circ.rejects @NetChoice request for new hearing over Calif law banning social platforms from algorithmically recommending posts to minors w/o parents' consent.
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
November 7, 2025 at 5:36 PM
9th Circ.rejects @NetChoice request for new hearing over Calif law banning social platforms from algorithmically recommending posts to minors w/o parents' consent.
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
Reposted
Last night solidarity triumphed over selfishness. A new era is dawning. Dems in array for affordability and against fascism. What's not to like?
www.youtube.com/watch?v=ROe4...
www.youtube.com/watch?v=ROe4...
Jen Taub LIVE - CRUSHED IT
YouTube video by Jen Taub
www.youtube.com
November 5, 2025 at 1:33 PM
Last night solidarity triumphed over selfishness. A new era is dawning. Dems in array for affordability and against fascism. What's not to like?
www.youtube.com/watch?v=ROe4...
www.youtube.com/watch?v=ROe4...
A LinkedIn subscriber who recently defeated the company's motion to dismiss a video privacy complaint is dropping her suit.
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
November 4, 2025 at 9:06 PM
A LinkedIn subscriber who recently defeated the company's motion to dismiss a video privacy complaint is dropping her suit.
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
Reposted
This is an especially worrying statement when facial recognition can be inaccurate, biased, and generally make mistakes. Basing whether someone should be in the US or not, and ignoring physical media like a birth certificate, is ripe for disaster bsky.app/profile/jose...
New incredible detail here: ICE says a match in its facial recognition app Mobile Fortify is a "definitive" determination of a person's status, and that this overrides birth certificates. This is an app ICE is using in the field to scan people
www.404media.co/ice-and-cbp-...
www.404media.co/ice-and-cbp-...
October 29, 2025 at 4:18 PM
This is an especially worrying statement when facial recognition can be inaccurate, biased, and generally make mistakes. Basing whether someone should be in the US or not, and ignoring physical media like a birth certificate, is ripe for disaster bsky.app/profile/jose...
The law firm that has represented data broker Kochava in its 3-year legal battle with the FTC over privacy is seeking to withdraw due to "serious and irreparable breakdown in communication."
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
October 29, 2025 at 4:51 PM
The law firm that has represented data broker Kochava in its 3-year legal battle with the FTC over privacy is seeking to withdraw due to "serious and irreparable breakdown in communication."
prior: www.mediapost.com/publications...
prior: www.mediapost.com/publications...
Reposted
BREAKING: Not actually Carmy’s cousin
October 28, 2025 at 7:46 PM
BREAKING: Not actually Carmy’s cousin
Reposted
Congrats workers on your new hell zone
October 23, 2025 at 1:31 PM
Congrats workers on your new hell zone
In 2-1 ruling, Circuit rejects @FTC request to lift block on its probe of @mmfa.
prior:
www.mediapost.com/publications...
prior:
www.mediapost.com/publications...
October 23, 2025 at 4:56 PM
In 2-1 ruling, Circuit rejects @FTC request to lift block on its probe of @mmfa.
prior:
www.mediapost.com/publications...
prior:
www.mediapost.com/publications...
Judge Chhabria dismisses California wiretap claims against Eating Recovery Center, which allegedly shared patient data w/ Meta via the pixel.
Calls California wiretap law "a total mess" and urges lawmakers to "go back to the drawing board."
Calls California wiretap law "a total mess" and urges lawmakers to "go back to the drawing board."
October 20, 2025 at 6:51 PM
Judge Chhabria dismisses California wiretap claims against Eating Recovery Center, which allegedly shared patient data w/ Meta via the pixel.
Calls California wiretap law "a total mess" and urges lawmakers to "go back to the drawing board."
Calls California wiretap law "a total mess" and urges lawmakers to "go back to the drawing board."
Reposted
Trump is sending National Guard troops from a red state to invade a blue state, axing critical infrastructure projects only in blue states & playing games with blue state disaster aid.
He’s trying to break the country apart & divide us even further.
We must stop him.
He’s trying to break the country apart & divide us even further.
We must stop him.
October 18, 2025 at 2:54 PM
Trump is sending National Guard troops from a red state to invade a blue state, axing critical infrastructure projects only in blue states & playing games with blue state disaster aid.
He’s trying to break the country apart & divide us even further.
We must stop him.
He’s trying to break the country apart & divide us even further.
We must stop him.
Reposted
iirc this is the woman who Trump's DOJ tried and failed to indict for a felony
and then they tried and failed again
and then they tried and failed again
and then they begrudgingly reduced it to a misdemeanor, prosecuted her, and lost lmao
and then they tried and failed again
and then they tried and failed again
and then they begrudgingly reduced it to a misdemeanor, prosecuted her, and lost lmao
October 16, 2025 at 9:20 PM
iirc this is the woman who Trump's DOJ tried and failed to indict for a felony
and then they tried and failed again
and then they tried and failed again
and then they begrudgingly reduced it to a misdemeanor, prosecuted her, and lost lmao
and then they tried and failed again
and then they tried and failed again
and then they begrudgingly reduced it to a misdemeanor, prosecuted her, and lost lmao
Last year, a high profile lawsuit sought to hold Apple responsible for CSAM because it failed to implement device-scanning.
Judge dismisses w/prej. claim that Apple "knowingly" distributed CSAM. Dismisses other tort claims for lack of specificity, but w/ leave to amend.
Judge dismisses w/prej. claim that Apple "knowingly" distributed CSAM. Dismisses other tort claims for lack of specificity, but w/ leave to amend.
October 16, 2025 at 5:10 PM
Last year, a high profile lawsuit sought to hold Apple responsible for CSAM because it failed to implement device-scanning.
Judge dismisses w/prej. claim that Apple "knowingly" distributed CSAM. Dismisses other tort claims for lack of specificity, but w/ leave to amend.
Judge dismisses w/prej. claim that Apple "knowingly" distributed CSAM. Dismisses other tort claims for lack of specificity, but w/ leave to amend.
Reposted
The Daily Show’s Statement Regarding New Pentagon Press Restrictions
October 15, 2025 at 10:20 PM
The Daily Show’s Statement Regarding New Pentagon Press Restrictions
NYTimes reports the Trump administration is considering race-based refugee system -- favoring white people -- the same day Republicans tell SCOTUS that race-based redistricting rules are unconstitutional.
www.nytimes.com/2025/10/15/u...
www.nytimes.com/2025/10/15/u...
Trump Considers Overhaul of Refugee System That Would Favor White People
www.nytimes.com
October 15, 2025 at 8:43 PM
NYTimes reports the Trump administration is considering race-based refugee system -- favoring white people -- the same day Republicans tell SCOTUS that race-based redistricting rules are unconstitutional.
www.nytimes.com/2025/10/15/u...
www.nytimes.com/2025/10/15/u...
Record companies urge SCOTUS to uphold finding that Cox is responsible for copyright infringement b/c it didn't disconnect subscribers who had been accused of illegally downloading music.
www.supremecourt.gov/DocketPDF/24...
prior:
www.mediapost.com/publications...
www.supremecourt.gov/DocketPDF/24...
prior:
www.mediapost.com/publications...
October 15, 2025 at 4:38 PM
Record companies urge SCOTUS to uphold finding that Cox is responsible for copyright infringement b/c it didn't disconnect subscribers who had been accused of illegally downloading music.
www.supremecourt.gov/DocketPDF/24...
prior:
www.mediapost.com/publications...
www.supremecourt.gov/DocketPDF/24...
prior:
www.mediapost.com/publications...
Reposted
Who would have thought that 25 times as many people would be getting their daily news updates from a Boston College history professor (Heather Cox Richardson, who has 2.5 million subscribers) than from the Washington Post.
Lmao WaPo has fewer than 100K circulation now. It turns out “alienate your liberal subscriber base” is not a good strategy when the Republicans also hate you. www.forbes.com/sites/andyme...
The Washington Post Is Running Out Of Readers Willing To Pay
Once a titan of American journalism, The Washington Post now struggles to reach even 100,000 print subscribers most days.
www.forbes.com
October 14, 2025 at 4:46 PM
Who would have thought that 25 times as many people would be getting their daily news updates from a Boston College history professor (Heather Cox Richardson, who has 2.5 million subscribers) than from the Washington Post.
Reposted
I seem to recall that it was the biggest 1st Amendment attack in American history when the Biden admin alerted social media companies to some content and said "hey does this violate your policies?" Will Matt Taibbi, Michael Shellenberger and (lol) CBS News Editor in Chief Bari Weiss call this out?
October 14, 2025 at 4:38 PM
I seem to recall that it was the biggest 1st Amendment attack in American history when the Biden admin alerted social media companies to some content and said "hey does this violate your policies?" Will Matt Taibbi, Michael Shellenberger and (lol) CBS News Editor in Chief Bari Weiss call this out?
Trump admin asks SCOTUS to overrule the "egregiously wrong from the start" decision in Humphrey's Executor, quoting Alito's language in Dobbs.
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov/DocketPDF/25...
October 13, 2025 at 3:24 PM
Trump admin asks SCOTUS to overrule the "egregiously wrong from the start" decision in Humphrey's Executor, quoting Alito's language in Dobbs.
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov/DocketPDF/25...
Meta trial over allegedly inflated metrics -- previously set to start 10/14 -- has been postponed.
Before judge postpone, Meta appealed order rejecting motion to arbitrate claims of class members who advertised between 5/25/2018 and 10/27/2021.
Meta w/drew appeal today.
Before judge postpone, Meta appealed order rejecting motion to arbitrate claims of class members who advertised between 5/25/2018 and 10/27/2021.
Meta w/drew appeal today.
October 9, 2025 at 4:59 PM
Meta trial over allegedly inflated metrics -- previously set to start 10/14 -- has been postponed.
Before judge postpone, Meta appealed order rejecting motion to arbitrate claims of class members who advertised between 5/25/2018 and 10/27/2021.
Meta w/drew appeal today.
Before judge postpone, Meta appealed order rejecting motion to arbitrate claims of class members who advertised between 5/25/2018 and 10/27/2021.
Meta w/drew appeal today.
Reposted
All that time we spent studying the Fourth Amendment and the Roberts Court just turns it off in the shadow docket
October 2, 2025 at 5:34 PM
All that time we spent studying the Fourth Amendment and the Roberts Court just turns it off in the shadow docket
Reposted
Was so busy with the AI that makes fake crime videos that I missed the AI that extracts marketing data from your thoughts www.bloomberg.com/news/article...
Meta to Start Using Chatbot Conversations to Target Advertising
Meta Platforms Inc. will soon start using interactions with its AI chatbot to more effectively tailor the content and advertising that people see on Facebook and Instagram.
www.bloomberg.com
October 2, 2025 at 3:03 AM
Was so busy with the AI that makes fake crime videos that I missed the AI that extracts marketing data from your thoughts www.bloomberg.com/news/article...