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Unlocking the Black Box: Challenging the Use of Secret Algorithms and Technologies in Criminal Cases
Increasingly, technology is being used in the criminal legal system to identify DNA samples, assess risk factors in release decisions, match images in face recognition technology and even determine where or who the police should be patrolling and investigating. From probabilistic genotyping to “risk assessment” software, the recent explosion of emerging technologies has transformed almost every aspect of the criminal legal system. Increasing amounts of data and evidence are being interrogated and generated using software systems that are kept from defense teams, the courts, and the general public. The assertion of “trade secrets” by the companies who develop these tools deprive defense lawyers of access to information on how the software was constructed and the opportunity to assess its accuracy, credibility and reliability. How can criminal defense attorneys understand and confront the limitations of software-based evidence and machine learning algorithms in criminal proceedings?
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?
Using Police Technologies to Uncover Law Enforcement Misconduct in Criminal Cases
Since 2017, the Baltimore Public Defender’s Office has called over 2,000 convictions into question related to police misconduct. In one instance, a Baltimore Police Department body-worn camera appeared to show an officer planting drugs at the scene of an arrest. As law enforcement agencies are increasingly using surveillance tools and forensic technologies to identify and arrest suspects in criminal investigations, defense attorneys are faced with the challenge of both defending their clients and holding police accountable for misconduct and abuse. How can criminal defense attorneys turn police technologies on police departments in criminal proceedings?
Webinar Library
Facial Recognition
The Challenges of Identifying and Litigating Facial Recognition Technology in Criminal Cases
The program from July 23, 2020 featured Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, Phil Mayor, Senior Staff Attorney with the ACLU of Michigan, and Dr. Arun Ross, the John and Eva Cillag Endowed Chair in the College of Engineering and a Professor in the Department of Computer Science and Engineering at Michigan State University.
Recognizing and Challenging Facial Recognition in Criminal Cases
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.
Biometrics Beyond Facial Recognition
This program from November 29-30, 2018 featured Jennifer Lynch, Surveillance Litigation Director with the Electronic Frontier Foundation.
Government Hacking
Challenging Digital Evidence Obtained through RoundUp and Torrential Downpour in Criminal Cases
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.
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).
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.
How to Expose the Government's Evidence Laundering
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
Challenging Government Hacking in Criminal Cases
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.
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.
GDPR and 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
Keeping the Government Out of Your Digital Devices at the Border
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.
Social Media Monitoring
When the Government Uses Social Media to Prosecute Your Client
This webinar from August 6, 2020 featured Hanni Fakhoury, Assistant Federal Public Defender in Oakland, CA, and Rachel Levinson-Waldman, deputy director of the Brennan Center’s Liberty & National Security Program.
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.).
Body Cameras & Police Misconduct
Using Police Technologies to Uncover Law Enforcement Misconduct in Criminal Cases
This webinar from August 11, 2020 featured Debbie Levi, Director of Special Litigation with the Baltimore City Public Defender, and Ivan Bates, Managing Partner of Bates & Garcia, P.C.
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
This program from November 29-30, 2018 featured Cynthia Conti-Cook, Technology Fellow, Gender, Racial, and Ethnic Justice with the Ford Foundation.
Shaping Policies and Defending Cases 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.
Digital Location Tracking
Examining the Practical Limits and Privacy Risks of Technical Systems to Combat the Pandemic
This webinar from May 13, 2020 featured Catherine Crump, Assistant Clinical Professor of Law and Director of the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley, School of Law, and Daniel Kahn Gillmor, Senior Staff Technologist for the ACLU's Speech, Privacy, and Technology Project.
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.
Algorithms & 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.
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.
Encryption & Digital Security
Tools for Securing Your Documents and Communications While Working Remotely
This webinar from May 15, 2020 featured hacker Matt Mitchell. Matt currently works to assist civil society groups in issues around cybersecurity.
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.
Digital Hygiene for Defense Lawyers
The webinar from October 1, 2019 featured Matt Mitchell. Matt currently works to assist civil society groups in issues around cybersecurity.
Get Equipped to Encrypt
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.
