The U.S. Court of Appeals for the Ninth Circuit has ruled, in U.S. v. Gladding, that the government may refuse to return a criminal defendant’s noncontraband personal data stored on seized electronic devices based on the cost of separating noncontraband files from those that are contraband or subject to forfeiture.  The government must merely show that its cost concerns are “reasonable under all the circumstances.”  The court gave no indication of what costs would be enough to allow the government to keep innocent files.  Even more striking is the position taken by the government (but not ruled on by the court) that all data found on a forfeited device is automatically subject to forfeiture, and therefore can be kept by the government forever, regardless of whether it is separable from contraband and forfeit material at little or no cost.