NACDL - Challenging Digital Evidence Obtained through RoundUp and Torrential Downpour

Challenging Digital Evidence Obtained through RoundUp and Torrential Downpour

This webinar discussed the technological background of peer-to-peer detection tools, while guiding the criminal defense bar through effective procedural and constitutional arguments that could warrant suppression of evidence.

Surveilled Without a Trace: Challenging Digital Evidence Obtained through RoundUp and Torrential Downpour in Criminal Cases

Prosecutors are employing novel and unproven surveillance software to investigate peer-to-peer file-sharing networks for criminal activity, seeking to link suspicious activity with internet IP addresses and subscriber information. The software suite, known as “RoundUp,” includes applications designed to monitor popular file-sharing platforms such as BitTorrent (e.g., “Torrential Downpour”) to conduct highly-intrusive digital surveillance. How can defense lawyers recognize the use of RoundUp or similar programs in a criminal case?

This webinar from August 11, 2020 featured Mohammad Hamoudi, Assistant Federal Defender for the Western District of Washington, Jeff Fischbach, founder and President of SecondWave Information Systems, and Robert Herz, the owner of the Law Offices of Robert Herz, P.C.