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NACDL FREE LIVE CLE Webinar on Social Media Monitoring

Online - 1.5 General

Faculty Register Online


Earlier this summer, an investigation in The Intercept found that the artificial intelligence startup Dataminr was helping law enforcement digitally surveil Black Lives Matter protests across the country, by monitoring social media posts and collecting geolocation data on protesters. This follows a history of police departments and federal agencies using social media monitoring tools and tactics to gather massive amounts of information on individuals, groups, and activities, designating people as terrorists and gang members based on their activity. How can defense attorneys challenge the use of social media evidence in criminal cases, as courts continue to grapple with the constitutionality and scope of the Stored Communications Act? This webinar will discuss the functionality, constitutionality, and admissibility of evidence obtained from social media companies in criminal proceedings and the barriers that defense attorneys face in accessing these platforms.
This webinar will feature Hanni Fakhoury, an Assistant Federal Public Defender in Oakland, CA, and Rachel Levinson-Waldman, deputy director of the Brennan Center’s Liberty & National Security Program.

LOCATION: Online LIVE Web Training
DATE: Thursday, August 6, 2020
TIME: 3:00pm – 4:30pm ET (12:00pm – 1:30pm PT)


  • Hanni M. Fakhoury is an Assistant Federal Public Defender in Oakland, California. Before joining the federal public defender's office in 2015, Hanni was a Staff Attorney and then Senior Staff Attorney at the Electronic Frontier Foundation (“EFF”) in San Francisco from 2011 to 2015. At EFF, Hanni focused on electronic search and seizure, surveillance technologies and cybercrime issues in domestic criminal investigations. Hanni has handled all aspects of federal criminal litigation, including pretrial motions to suppress and dismiss, bench and jury trials and writing and arguing appeals.  He has also written numerous amicus briefs in state and federal courts, and presented at over 75 legal conferences for federal and state judges and the criminal defense bar. Hanni began his career at the Federal Defenders of San Diego, Inc., where he worked as a trial attorney from 2007 to 2011. Hanni received his undergraduate degree with honors from the University of California, Berkeley and his law degree with distinction from the Pacific McGeorge School of Law in Sacramento, California.
  • Rachel Levinson-Waldman serves as deputy director of the Brennan Center’s Liberty & National Security Program, which seeks to advance effective national security policies that respect constitutional values and the rule of law. Levinson-Waldman is active on issues related to policing and technology and provides commentary on law enforcement access to social media, predictive policing, body cameras, license plate readers, and other types of surveillance technologies deployed in public, as well as the federal government’s use of surveillance technologies and information collection in the immigration context.

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