2018
Unknown Unknowns: How to Expose the Government's Evidence Laundering
The U.S. government launders the original source of evidence in criminal cases in a practice known as “parallel construction.” In order to keep certain investigative activity hidden, agents simply arrange for an alternate evidentiary path. This practice allows the government to obscure secret surveillance technologies and programs or potentially illegal investigative methods from those accused in criminal cases, and the public at large. This webinar educated members of the defense community about the practice of "parallel construction" and prepare them to fight it in the courtroom.
This webinar from May 23, 2018 featured Sarah St. Vincent, the Director of Cornell Tech's Computer Security Clinic for Survivors of Intimate Partner Violence (IPV), and Brian Pori, Assistant Federal Public Defender with the Federal Public Defender Organization for the District of New Mexico.
Location Privacy after Carpenter
This program from July 2, 2018 featured Laura Moy, Deputy Director, Center on Privacy & Technology at Georgetown Law, Professor Sibren Isaacman, Cellular Network Data Expert at Loyola University Maryland, Nathan Freed Wessler, Staff Attorney with the ACLU Speech, Privacy, and Technology Project, Professor Laura Donohue at Georgetown Law, Professor Stephanie Pell at West Point’s Army Cyber Institute, Alvaro Bedoya, Executive Director, Center on Privacy & Technology at Georgetown Law, Matt Mitchell, Digital Safety and Privacy Expert, Jason Downs, Partner at Downs Collins, Todd Hesel with the Maryland Office of the Attorney General, and Jumana Musa, Director of NACDL's Fourth Amendment Center.
Face-Off: Recognizing and Challenging Facial Recognition in Criminal Cases
Police departments across the country are starting to use facial recognition technology to identify suspects, and body camera manufacturers are working to incorporate the technology into their products. This emerging technology has many flaws, which render its results unreliable. Defenders need to understand the technology and its limitations, be aware of how it is being deployed, and know how to challenge its use in their cases. This webinar was supported by Grant No. 2013-MU-BX-K014 awarded by the Bureau of Justice Assistance.
The webinar from September 18, 2018 featured Kaitlin Jackson, Supervising Attorney, CDP with the Bronx Defenders, Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, and Joshua Kroll, an Assistant Professor of Computer Science at the Naval Postgraduate School in Monterey, CA.
Digital Device Searches - Searching Computers, Phones, and Even Your Home Appliances
This program from November 29-30, 2018 featured Esha Bhandari, Senior Staff Attorney with the ACLU Speech, Privacy, and Technology Project, Catherine Crump, Director of the Samuelson Law, Technology & Public Policy Clinic at U.C. Berkeley School of Law, and Michael Price, Senior Litigation Counsel, NACDL Fourth Amendment Center.
Recognizing and Challenging Facial Recognition Technology in Criminal Cases
This program from November 29-30, 2018 featured Kaitlin Jackson, Supervising Attorney, CDP with the Bronx Defenders, Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, and Joshua Kroll, an Assistant Professor of Computer Science at the Naval Postgraduate School in Monterey, CA.
Protecting Your Communications From Big Brother
This program from November 29-30, 2018 featured Matt Mitchell. Matt currently works to assist civil society groups in issues around cybersecurity.
Who’s Reading Your Clients’ Posts? Social Media Monitoring in Criminal Cases
This program from November 29-30, 2018 featured Matt Cagle, Technology and Civil Liberties Attorney with the ACLU of Northern California, and Hanni Fakhoury, Assistant Federal Public Defender, Federal Public Defender's Office (N.D. Cal.).
Parallel Construction – Defending Your Client When the Government Launders Evidence
This program from November 29-30, 2018 featured Ashley Gorski, Staff Attorney, ACLU National Security Project, Brian Pori, Assistant Federal Public Defender, Federal Public Defender’s Office (D. N.M.), and Sarah St. Vincent, the Director of Cornell Tech's Computer Security Clinic for Survivors of Intimate Partner Violence (IPV).
Defending Cases in Body Camera Jurisdictions
This program from November 29-30, 2018 featured Debbie Levi, Director of Special Litigation with the Baltimore City Public Defender, Jumana Musa, Director of NACDL's Fourth Amendment Center, and Harlan Yu, Executive Director of Upturn.
Using Big Data as a Shield: Tracking Police Misconduct
This program from November 29-30, 2018 featured Cynthia Conti-Cook, Technology Fellow, Gender, Racial, and Ethnic Justice with the Ford Foundation.
Biometrics Beyond Facial Recognition
This program from November 29-30, 2018 featured Jennifer Lynch, Surveillance Litigation Director with the Electronic Frontier Foundation.
Algorithms and Criminal Justice – Litigating the Black Box
This program from November 29-30, 2018 featured Stephanie Lacambra, Assistant District Attorney with the San Francisco District Attorney's Office, Rashida Richardson, Visiting Scholar at Rutgers Law School and the Rutgers Institute for Information Policy and the Law, and Andrea Roth, Professor of Law at the U.C. Berkeley School of Law.
Challenging Government Hacking in Criminal Cases
This program from November 29-30, 2018 featured Colin Fieman, Senior Litigator with the Federal Public Defender, Western District of Washington, Jonathan Mayer, Assistant Professor of Computer Science and Public Affairs at Princeton University, and Riana Pfefferkorn, Associate Director of Surveillance and Cybersecurity at the Stanford Center for Internet and Society.
Recent Changes to How Law Enforcement Gets Digital Evidence: GDPR & the Cloud Act
This program from November 29-30, 2018 featured Greg Nojeim, Senior Counsel & Director of Freedom, Security and Technology Project, Center for Democracy & Technology
What I Wish I Knew When I Had Your Job
This program from November 29-30, 2018 featured Hon. Kate Menendez, Magistrate Judge, District of Minnesota.
Where We Go from Here: The Third-Party Doctrine and Location Tracking After Carpenter
This program from November 29-30, 2018 featured Megan Graham, Clinical Supervising Attorney in the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley, School of Law, Hon. Stephen Smith, Director of Fourth Amendment & Open Courts at Stanford's Center for Internet and Society, and Nathan Freed Wessler, Staff Attorney with the ACLU Speech, Privacy, and Technology Project.
2017
Privileged Means Privileged: Keeping the Government Out of Your Digital Devices at the Border
U.S. Customs and Border Protection (CBP) searches the digital devices of people at border crossings and at ports of entry without a warrant and without suspicion. Criminal defense lawyers are uniquely exposed to abuse in this context, as their devices store privileged communications and work product. In October 2017, NACDL released a primer on the border searches of electronic devices. Drawing from the primer, this webinar empowered members of the defense community to be proactive in protecting their sensitive documents and communications when re-entering the country.
This webinar from December 7, 2017 featured Esha Bhandari, a senior staff attorney with the ACLU Speech, Privacy, and Technology Project, where she works on litigation and advocacy to protect freedom of expression and privacy rights in the digital age.
Challenging Government Hacking in Criminal Cases
In March 2017, NACDL published a guide on challenging evidence seized by government-installed computer malware authored by the American Civil Liberties Union with input from NACDL and the Electronic Frontier Foundation. The guide assessed recent court decisions evaluating the government’s use of malware in the context of Fourth Amendment protections from unreasonable searches. The webinar addressed the technological aspects of government hacking and the changes to Rule 41 of the Federal Rules of Criminal Procedure that open the door to wider use of government hacking.
This webinar from August 9, 2017 featured Colin Fieman, Senior Litigator with the Federal Public Defender, Western District of Washington, and Paul Ohm, Professor of Law at the Georgetown University Law Center.
Policing Body Cameras: Shaping Policies and Defending Cases in Body Camera Jurisdictions
This webinar walked through the recommendations and talk about how to negotiate stronger body camera policies in your jurisdiction, the technical aspects of body cameras, and strategies and tactics for defending clients in body camera jurisdictions.
This webinar from April 6, 2017, featured Harlan Yu, Director of Upturn, Seth Morris, a criminal defense attorney with Cooper, Cooper & Morris, and Barry Porter, a criminal defense attorney with Burgess & Porter Law, LLC.
2016
How to Keep it Confidential: Get Equipped to Encrypt
Defense lawyers regularly use phone calls, texts, and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. This webinar explored how this happens, and how defense lawyers can keep their communications out of government hands.
This webinar from March 29, 2016 featured Jack Gillum, senior reporter at ProPublica based in Washington, D.C., covering technology and privacy, Neema Singh Guliani, senior legislative counsel with the American Civil Liberties Union Washington Legislative Office, and Harlo Holmes, Director of Newsroom Digital Security at Freedom of the Press Foundation.
