In a 116-page opinion, Justice Liotti found that the search warrant was too broad and that the search was "beyond the scope of the warrant or even what might have been authorized".
The letter states that the government intended to exclude and seal evidence beyond the scope of its warrant and that DreamHost refused to engage in a dialogue around the issue after claiming that the warrant was "improper".
F.B.I. agents were investigating municipal corruption in Waterbury when they taped some of Mr. Giordano's calls, and Mr. Bowman argued that calls unrelated to that case were beyond the scope of the warrant.
A concurring opinion by Judge Gerard E. Lynch of the Second Circuit makes it clear that the decision to limit the scope of the warrant resulted from an outdated law, not a choice by Congress to hamstring investigations of foreign conduct that might violate American laws.
"I think this is a classic case where, in my opinion, they massively exceeded the scope of the warrant and swept up any literature they did not want out on the street during the convention," said Teresa Nelson, a lawyer for the American Civil Liberties Union of Minnesota.
Some courts have even ruled out inadmissible digital evidence gathered from sites where the scope of a warrant has been exceeded, considering it to be a violation of due process.
Its counsel will be attending a court hearing on the matter on August 18 in Washington, D.C. DreamHost initially challenged the government to narrow the scope of the warrant but says instead the DoJ filed a motion in the Washington, D.C. Superior Court asking for an order to compel it to produce the records.
When Levison expressed concern over the scope of the warrant, they replied, "Trust us.
"It's about the scope of the warrant and the gag order," he said.
The bill also introduces extra police powers including the right to take fingerprints undercover and on the street, and extends the scope of search warrants so they apply to any premises occupied or accessed by a named person.
