John (Randy) R. Tyler Partner

Randy counsels the world’s largest online platforms on privacy and human rights issues arising from government and third-party access to people’s electronic data.

Randy Tyler represents online platforms, communications providers, and other technology companies on issues related to digital search, seizure, and disclosure demands from around the world. These matters range from domestic and cross-border government demands for communications data in criminal investigations, to private parties seeking records in civil cases, to intergovernmental agencies investigating atrocity crimes.

Randy’s experience includes statutory issues involving the Stored Communications Act, Wiretap Act, Pen Register Trap and Trace Act, Communications Assistance for Law Enforcement Act, All Writs Act, California Electronic Communications Privacy Act, and related state and local laws. He also counsels on cross-border digital evidence, including advising clients on issues arising from bilateral and multilateral international instruments, such as the Clarifying Lawful Overseas Use of Data Act, the Council of Europe Convention on Cybercrime (Budapest Convention), and other mechanisms used by governments and litigants to obtain evidence from a platform in one country for use in another.

Randy has litigated numerous cases on novel issues related to cross-border demands and provides guidance on search, seizure, and data removal. He has helped companies of all sizes develop policies and procedures to lawfully respond to these demands in a manner consistent with human rights standards.

Addressing Constitutional concerns in his practice, Randy has particular knowledge of those related to the First Amendment prohibition on prior restraints, the Fourth Amendment’s warrant requirement, the Fifth and Fourteenth Amendments’ right to due process, the Sixth Amendment’s right to compulsory process, and related civil and criminal procedure rules. He helps clients protect free speech rights, including litigating or negotiating matters involving attempts to unmask anonymous online speakers.

In addition to litigation, Randy helps communications providers develop and implement compliance programs to handle law enforcement and third-party requests for user data and offers product-counsel advice on federal and state privacy law compliance. He assists in creating and maintaining physical security policies, including access to premises, search and seizure, and physical threats.