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Artificial Justice: AI, Tech and Criminal Defense

Georgetown University Law Center, Washington, DC - 9 Credits

Agenda Faculty CLE Hotel Register Online

New and emerging technologies upend traditional rules governing law enforcement investigations and are often introduced without transparency or notice. These tools and technologies raise new questions about their legality and constitutionality. For defense lawyers, technology is becoming increasingly central to the cases against their clients.

Join NACDL’s Fourth Amendment Center and Georgetown Law’s Center on Privacy and Technology for discussions about the tools law enforcement use, how to challenge that evidence, and what’s on the horizon. Equip yourself with the knowledge you need to effectively defend clients in an increasingly digital world.

This program is free to attendees and will offer CLE credit.

Agenda

The program agenda and faculty are subject to change.

Monday, October 7, 2024
12:30-1:00 pm

Opening Remarks

Introductions and welcomes

  • Lisa Wayne, Executive Director, National Association of Criminal Defense Lawyers (NACDL)
  • Jumana Musa, Director, NACDL Fourth Amendment Center
  • Georgetown Center for Privacy and Technology
1:00-2:00 pm

Genetic, Genotyping, and Code: Litigating Probabilistic Genotyping and Forensic Genetic Genealogy   

The field of DNA evidence continues to mutate. Probabilistic genotyping software (PGS) and Forensic Genetic Genealogy (FGG), which searches commercial DNA databases for familial matches, are increasingly being employed in criminal investigations. This panel will provide tools to challenge the evidence they generate, including what sorts of things you should ask for in discovery, and information about the companies providing these services.

  • Nicola Morrow, Legal Fellow, NACDL Fourth Amendment Center
  • Megan Graham, Director of the Technology Law Clinic, University of Iowa College of Law
2:00-2:15 pm

Center For Privacy and Technology Report 

  • Speaker TBD, Georgetown Center for Privacy and Technology
2:15-2:30 pm Break   
2:30-3:30 pm

From the School to Prison Pipeline to a High-Tech Superhighway: School Surveillance and Its Impact on Juvenile Justice   

Surveillance tools and technologies have accelerated schools’ ability to feed students into the criminal legal system. This session will address the unique challenges that arise when representing young clients in a world where their actions are increasingly monitored. Panelists will discuss strategies to safeguard the rights of juveniles and the impact of surveillance on their legal outcomes.

  • Clarence Okoh, Georgetown Center for Privacy and Technolog
  • Kate Weisburd
3:30-4:00 pm

Reimagining Technology’s Role in Juvenile Justice   

The criminal legal system increasingly leverages surveillance technology against our clients, especially young ones. Join us as we explore alternatives to technology in the juvenile justice space. 

  • Jarrell Daniels, Project Director & Community Management Liaison, Columbia University Center for Justice
4:00-4:15 pm Break 
4:15-4:30 pm

Decoding AI-Generated Police Reports: Implications for Criminal Defense  

Explore the emerging role of AI in creating police reports: the challenges, and opportunities, and Fourth Amendment implications. This session will provide insights into the accuracy and biases of AI-generated reports, equipping defense lawyers with the knowledge to effectively scrutinize and challenge this new form of evidence.

  • Maneka Sinha, Professor, University of Maryland School of Law
4:30-5:30 pm

Title TBD  

Description TBD

  • Kentrell Owens
  • Elizabeth Daniel Vasquez
5:30 pm Adjourn for the day
Tuesday, October 8, 2024
8:45 am  Opening Remarks   
9:00-10:00 am

Don’t Fence Me In: Constitutional Challenges to Geofence Warrants   

Geofence warrants search Google location history data belonging to millions of users to identify devices near the scene of a crime. Courts and commentators have differed on their constitutionality following the Supreme Court’s decision in Carpenter v. United States. Join this panel for a discussion of the ongoing legal challenges to law enforcement’s use of geofence warrants.

  • Michael Price, Litigation Director, NACDL Fourth Amendment Center
  • Paul Ohm
10:00-11:00 am

Defense Strategies for Obtaining Social Media Evidence   

Defense attorneys spend so much time trying to keep evidence out of court, we sometimes forget the importance of obtaining evidence helpful to our case. This is particularly true when it comes to getting social media evidence from companies like X, Facebook, Instagram and Snapchat who fight tooth and nail to defeat defense subpoenas, while providing the government with seemingly endless amounts of information. This presentation will provide defense attorneys with strategies on how to obtain social media evidence and challenge the barriers put up by these companies under the federal Stored Communications Act.

  • Hanni Fakhoury, Partner, Moeel Lah Fakhoury LLP
11:00-11:15am Break
11:15 am-12:15 pm

Unmasking Facial Recognition Technology: Tactics for Defense Lawyers   

Facial recognition technology is increasingly utilized by law enforcement to identify people captured on video or in photos. Despite its widespread use the technology is fraught with issues related to reliability and inconsistencies in application. This panel will delve into the challenges of facial recognition cases, exploring the technology's limitations, legal implications, and effective strategies for contesting the evidence. 

  • Clare Garvie, Resource and Training Counsel, NACDL Fourth Amendment Center
  • Tamar Lerer, Deputy of the Forensic Science Unit, New Jersey Office of the Public Defender
  • Dr. Michael King, Associate Professor, Florida Institute of Technology, College of Engineering and Science
12:15–1:45 pm  Lunch Break   
1:45-2:45 pm

Tiny Constables: Automatic License Plate Readers and the Fourth Amendment  

Automatic License Plate Readers have become a regular resource for police departments across the country. They have the potential to generate huge databases of location information that will be used against the criminally accused. Defense lawyers need to be equipped to raise challenges to ALPRs in their cases. Join our panelists for a better understanding of how these systems work, the law shaping the ALPR landscape, legal strategy, and a peak the new ways law enforcement use this technology.

  • Sidney Thaxter, Senior Litigator, NACDL Fourth Amendment Center
  • Nitin Kholi, Staff Scientist, UC Berkeley's Center for Effective Global Action
2:45-3:45 pm

Title TBD   

Description TBD

  • Speaker TBD
3:45-4:00 pm  Break
4:00-5:30 pm

Fundamentals of AI, Generative AI, and Deepfakes and Some of the Evidentiary and Other Issues They Pose   

This panel will discuss what AI, Generative AI, and Deepfakes are, how they are made, and some of the evidentiary and other issues that may arise with AI-generated evidence, whether acknowledged to be such or not.

  • Judge Paul Grimm, David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute, Duke Law School
  • Dr. Maura Grossman, Research Professor, University of Waterloo School of Computer Science 
5:30 pm Conference Adjourns

Faculty

  • Lisa Wayne
  • Jumana Musa
  • Nicola Morrow
  • Megan Graham
  • Clarence Okoh
  • Kate Weisburd
  • Jarrell Daniels
  • Maneka Singh
  • Elizabeth Daniel Vasquez
  • Michael Price
  • Nitin Kholi
  • Hanni Fakhoury
  • Clare Garvie
  • Tamar Lerer
  • Dr. Mike King
  • Sidney Thaxter 
  • Judge Paul Grimm
  • Dr. Maura Grossman

CLE Information

NACDL is an accredited provider of CLE in all states requiring mandatory CLE Training. NACDL will apply for at least 9.00 credit hours in every state requiring pre-approval. Approved hours for each state will be identified at the seminar. 

Hotel

Seminar Venue:
Georgetown University Law Center 
600 New Jersey Ave NW
Washington, DC 20001

Hotel Accommodations:
Hilton Washington DC Capitol Hill
525 New Jersey Ave
Washington, DC 200001

Online Reservations: https://book.passkey.com/go/nacdl4thamendmentcnf 
Discounted Group Rate: $239 plus tax (expires September 13, 2024). 

Code of Conduct

NACDL endeavors to foster a working, learning, and social environment free of harassment, discrimination, intimidation, and insult. To that end, NACDL has adopted a Code of Conduct for Affiliated Persons that applies to all attendees and participants of any kind at all NACDL sponsored events.

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