John (Randy) R. Tyler Partner

Randy Tyler is a partner with the firm’s Litigation and Privacy & Security practices. Randy concentrates his practice on privacy, security, free speech, and human rights issues associated with electronic communications and activity. Randy regularly represents online platforms, communications providers, and other technologies 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. He has successfully moved to quash warrants, subpoenas, and gag orders, and has participated in workshops with law enforcement and privacy advocates to identify solutions to existing and intractable problems related to digital searches.

Randy has extensive experience with statutory issues involving the Stored Communications Act (SCA), Wiretap Act, Pen Register Trap and Trace (PRTT) Act, Communications Assistance for Law Enforcement Act (CALEA), All Writs Act, California Electronic Communications Privacy Act (CalECPA), and related state and local laws. Randy also has deep familiarity in the area of cross-border digital evidence, including advising clients on issues arising from the Clarifying Lawful Overseas Use of Data Act (CLOUD) Act, the Council of Europe Convention on Cybercrime (Budapest Convention), and other international and domestic mechanisms utilized by governments and litigants to obtain evidence from a platform in one country for use in another country. He has litigated numerous cases on novel issues related to cross-border demands, and regularly provides guidance on search, seizure, and data removal demands, having helped many companies large and small develop policies and procedures to field these demands lawfully and in a manner consistent with human rights standards. Randy works frequently with counsel in countries throughout the world, and is skilled at synthesizing advice from various sources in a way that best reflects the values and priorities of his clients.

Constitutional issues are a regular part of Randy’s practice, and he addresses concerns 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 also helps communications providers, websites, and others protect free speech rights, including litigating or negotiating matters involving attempts to unmask anonymous online speakers.

Randy has also defended clients in cases involving the section 230 of the Communications Decency Act, Computer Fraud and Abuse Act (CFAA), Electronic Communications Privacy Act (ECPA), California Invasion of Privacy Act (CIPA), and state common law invasion of privacy and defamation claims, among others.

In addition to litigation, Randy counsels communications providers on how to develop and implement compliance programs to handle law enforcement and third-party requests for user data, and offers product-counsel advice on complying with federal and state privacy laws. His counsel extends to assisting companies to develop and maintain policies regarding physical security, including access to premises, search and seizure, and physical threats.

Randy is a former policy fellow for the American Civil Liberties Union of Washington (ACLU-WA). While there, he helped the ACLU coordinate a government surveillance project, and worked with elected and community stakeholders to address issues regarding political surveillance and privacy in the state of Washington.