This is the slide deck to accompany my presentation to the technology seminar of the Georgia Association of Criminal Defense Lawyers Technology Conference
Cell Phone Searches, the Fourth Amendment, and the Fifth AmendmentScott Key
This is the slide deck from a presentation I gave to the 2016 Technology seminar of the Georgia Association of Criminal Defense Lawyers. In this discussion, I address Riley v. California (cell phone search incident to lawful arrest) as well as cases involving orders for suspects to unlock their phones either by passcode or by fingerprint.
This document discusses the process and politics of nominating Supreme Court justices. It begins with 6 political cartoons about various aspects of the nomination process. It then examines factors that influence nominations such as party affiliation, judicial philosophy, and background of nominees. The constitution gives the president power to nominate justices with Senate confirmation. Justices have lifetime appointments to maintain an independent judiciary. The nomination process involves vetting of candidates, hearings, debate, and confirmation voting.
The document discusses the process and politics of nominating Supreme Court justices. It outlines the constitutional basis for nominations, which allows the President to nominate justices with Senate approval. It also lists factors that influence nominations, such as party affiliation and judicial philosophy. Additionally, it details the multi-step confirmation process involving the White House, FBI investigation, Senate hearings, and final Senate vote.
The controversy surrounding Supreme Court Justice Brett Kavanaugh's appointment involved multiple allegations of sexual misconduct against him from when he was in high school. While Democrats argued this should disqualify him due to lack of corroborating evidence, Republicans believed he should not be barred without proof. The author intends to research the facts of the case to determine if the allegations warrant Kavanaugh being denied a Supreme Court seat.
TERESA LOPEZ, individually and as heir
to ANTONIO RAMOS, deceased;
RED RYDER RAMOS, individually and as
heir to ANTONIO RAMOS, deceased; and
TERESA LOPEZ and RED RYDER
RAMOS, as co-representatives of the
ESTATE OF ANTONIO RAMOS,
Plaintiffs,
v.
THE UNITED STATES OF AMERICA, a
governmental entity,
Filing a Transition Application on Societies OnlineDrew Jackson
Every non-profit society in British Columbia is required to “transition” under a new law called the Societies Act by November 28, 2018. Transitioning involves filing an application in a new electronic system called Societies Online. These slides walks you through the steps involved in filing a transition application.
Cell Phone Searches, the Fourth Amendment, and the Fifth AmendmentScott Key
This is the slide deck from a presentation I gave to the 2016 Technology seminar of the Georgia Association of Criminal Defense Lawyers. In this discussion, I address Riley v. California (cell phone search incident to lawful arrest) as well as cases involving orders for suspects to unlock their phones either by passcode or by fingerprint.
This document discusses the process and politics of nominating Supreme Court justices. It begins with 6 political cartoons about various aspects of the nomination process. It then examines factors that influence nominations such as party affiliation, judicial philosophy, and background of nominees. The constitution gives the president power to nominate justices with Senate confirmation. Justices have lifetime appointments to maintain an independent judiciary. The nomination process involves vetting of candidates, hearings, debate, and confirmation voting.
The document discusses the process and politics of nominating Supreme Court justices. It outlines the constitutional basis for nominations, which allows the President to nominate justices with Senate approval. It also lists factors that influence nominations, such as party affiliation and judicial philosophy. Additionally, it details the multi-step confirmation process involving the White House, FBI investigation, Senate hearings, and final Senate vote.
The controversy surrounding Supreme Court Justice Brett Kavanaugh's appointment involved multiple allegations of sexual misconduct against him from when he was in high school. While Democrats argued this should disqualify him due to lack of corroborating evidence, Republicans believed he should not be barred without proof. The author intends to research the facts of the case to determine if the allegations warrant Kavanaugh being denied a Supreme Court seat.
TERESA LOPEZ, individually and as heir
to ANTONIO RAMOS, deceased;
RED RYDER RAMOS, individually and as
heir to ANTONIO RAMOS, deceased; and
TERESA LOPEZ and RED RYDER
RAMOS, as co-representatives of the
ESTATE OF ANTONIO RAMOS,
Plaintiffs,
v.
THE UNITED STATES OF AMERICA, a
governmental entity,
Filing a Transition Application on Societies OnlineDrew Jackson
Every non-profit society in British Columbia is required to “transition” under a new law called the Societies Act by November 28, 2018. Transitioning involves filing an application in a new electronic system called Societies Online. These slides walks you through the steps involved in filing a transition application.
This document provides an end of quarter plan for an English class. It outlines that the next class will include an in-class essay exam on Plato's "The Allegory of the Cave" and Woolf's "Shakespeare's Sister." The following class will have a makeup vocabulary exam and student self-assessment. The third class listed will be meetings by appointment to discuss essays. Additional deadlines are listed for self-assessments and revised essays due the last week. Instructions are provided for the in-class essay exam in terms of time, allowed materials, and paper requirements. Students are assigned postings on the discussion board to prepare for their final essay.
A empresa de tecnologia anunciou um novo smartphone com câmera aprimorada, maior tela e bateria de longa duração. O dispositivo também possui um processador mais rápido e armazenamento expansível. O novo telefone será lançado em outubro por um preço inicial de US$799.
El administrador es la persona responsable de liderar un grupo para lograr las metas de una organización, planificando, organizando, dirigiendo y controlando las actividades necesarias. Un administrador debe poseer competencias profesionales y técnicas, ser capaz de afrontar el cambio y generar empleo. Sus funciones incluyen controlar, ejecutar, analizar, comunicar, planificar, liderar, motivar y tomar decisiones para cumplir los objetivos.
Este documento presenta un taller práctico sobre 10 claves para la implementación de tendencias y enfoques innovadores en la educación. El taller busca que los docentes identifiquen el cambio necesario para incorporar las TIC al aula y currículo, y desarrollen las habilidades requeridas para el nuevo paradigma educativo. El taller se enfoca en temas como las nuevas habilidades del siglo XXI, políticas de acceso a TIC, y los desafíos de la educación para adaptarse al siglo XXI.
El documento describe las diferentes herramientas de aprendizaje en línea que el autor utiliza, incluyendo Google Chrome para navegar, Blogger para compartir artículos y presentaciones, Gmail para correo electrónico, Scribd para compartir documentos, LinkedIn para contactos profesionales, Google Maps, y Google Drive para almacenar archivos e información.
This document provides tips to help children at home with literacy, numeracy, and other foundation subjects. Some literacy tips include engaging in storytelling, using wordless picture books, and creating writing opportunities like shopping lists. For numeracy, the tips suggest doing everyday math activities like counting items bought and looking at car number plates, as well as asking investigative questions. It also lists some useful websites for educational games and practice in subjects like math and reading.
Este documento presenta un plan de estudios para enseñar a los estudiantes sobre la responsabilidad en relación con la sexualidad y la salud reproductiva. El plan incluye leer material sobre embarazos en la adolescencia, cuidar un pollito durante 3 días para desarrollar la responsabilidad, y compartir reflexiones en las redes sociales para evaluar el aprendizaje.
The document provides recommendations from the College Student Alliance (CSA) regarding changes to the Ontario Student Assistance Program (OSAP). It contains 10 recommendations that focus on:
1) Supporting students' ability to plan for their education by providing OSAP aid upfront if income verification is delayed and increasing financial education for students.
2) Improving communications by combining OSAP and student loan websites and gathering student feedback on marketing.
3) Addressing special circumstances in OSAP applications and reviewing processes.
4) Increasing scholarship exemptions and supports for international students.
The recommendations aim to help more low-income students access post-secondary education through a clearer and more supportive OSAP system.
Fingerprints, Passcodes, and Self Incrimination - BSides NovaWendy Knox Everette
You’re arrested and your phone is held up to your face to be unlocked by the arresting officer, then sent to a forensics lab. Dystopian future or one where FaceID collides with weak self-incrimination protections for biometrics? This talk will explain how your 4th and 5th Amendment rights interact with advances in biometric technology. Along the way it will offer design suggestions for creators of mobile devices and tips to end users.
This document summarizes several legal issues that arise in computer crime investigations and prosecutions. It discusses warrants for searching and seizing computers and electronic communications, what constitutes computer trespass, fixing improperly executed warrants, search and seizure law regarding computers including consent and time limits, and tracing electronic communications.
This document provides an overview of the policy debate topic on domestic surveillance in the United States. It begins with definitions of key terms in the resolution and provides a historical background of domestic surveillance laws and programs from the 1791 Bill of Rights to the 2015 USA Freedom Act. The document then outlines potential affirmative advantages and harms of curtailing domestic surveillance, as well as example plans and cases the affirmative could run. It concludes by discussing negative disadvantages, counterplans, and critical approaches the negative could take in the debate.
- Federal antitrust investigators may first notify a company of an investigation through executing a search warrant at the company's offices to seize documents and electronics. Such searches, known as "dawn raids", are coordinated across multiple jurisdictions.
- If searched, it is important for a company to immediately contact legal counsel, preserve documents, and designate representatives to handle inquiries while advising employees of their rights regarding speaking to investigators. Proper preparation and response can help minimize the impact of an antitrust investigation.
The document discusses the NSA's mass collection of US data including internet backbone collection, telephone records collection, and PRISM/Upstream collection. It notes that the NSA collects everything first before analyzing and sorting what is needed, relying on minimization procedures. The speaker argues this approach violates the 4th Amendment and notes the FISA court orders are not proper warrants. Litigation efforts by EFF are mentioned as well as legislation like the USA Freedom Act, international principles, and the need to not forget technology solutions.
This document discusses search warrants and their application to digital evidence collection. It notes that search warrants are generally required to search a person, place or thing, with some exceptions. When conducting searches related to digital evidence, affidavits may need to establish probable cause using technical experts, civilian experts may need to assist, and unusual handling of evidence may require court approval. The document provides guidance on writing affidavits and search warrants to clearly explain technical details to courts in a way judges can understand.
Learning Objective: Examine the process of achieving a U.S. Security Clearance
As you create your master plan for success, consider the variety of tools needed to gain a competitive edge in your industry. By familiarizing oneself with the extensive US Security Clearance Process, you can begin to prepare and access opportunities that help you excel. This seminar will guide you through the processing of getting and keeping a U.S. security clearance. Further, we will explore the future and emerging career opportunities that require various clearance levels.
At the end of this seminar, participants will be able to:
a) Identify a series of career paths and associated tools to improve job marketability.
b) List a series of certification and association options.
c) Review the security clearance process and associated misconceptions and mistakes.
1Figures title5Civil Liberties and the Supreme Court.docxdrennanmicah
1
Figures title: 5 Civil Liberties and the Supreme Court
Carpenter V. United States
In what was a big criminal case in Detroit, several suspects cell phone locations were tracked to prove a drug rings activity. This was going on for several months with no warrant granted with probable cause. Carpenter and his legal team argued after his conviction and in the appeals court that this very action violated his fourth amendment right and should vacate his conviction. This appeal set up a long and important fight that took our courts into a crossroads with regards to digital right being a part of the fourth amendment.
The Original Case and Information Seizure
Carpenter was convicted back in 2013 for a string of burglaries in the Detroit area. The FBI obtained his locations through a seizure of his stored location data for past months. Almost 13,000 data points were obtained by the agency. These data points showed everything about his life in the timeframe received. Agents were able to tell when and where he slept, went to church and much more. According to Chief Justice John Roberts, “when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.” (Wessler, 2018). The only problem being this perfect surveillance was done without any warrants. This set up the argument that all of this was done against his fourth amendment right.
The Fourth Amendment Right
The fourth amendment states that we all have ”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” ("America’s Founding Documents", n.d.). At the time this was written there were no such things as cell phones, but our court system was tasked throughout this case to properly interpret its meaning regarding our security and privacy with cell phone use and data. The Supreme Court ruled in favor of Carpenter in “Fourth Amendment must apply to records of such unprecedented breadth and sensitivity” ("America's Founding Documents", n.d.). By viewing someone’s mapped out timestamped locations we get to see very intimately where a person is going and quite possibly what they are doing, and when there are doing it. Not that we have things to hide for some of us, but I still think we are entitled to that level of privacy.
FBI Claims no Right Infringement
The Governments lawyers argues that when we share our information with a “third party” in this case the cellphone company that we forfeit our Fourth Amendment right for that information when doing so. That would mean that phone call information, text messages, and even our GPS data would no longer be our information to protect as it is shared with the cellphone company and that we.
Justin Harvey - Apple vs DOJ: Privacy in Today's Enterprisecentralohioissa
The document summarizes key events in the Apple v. DOJ case regarding privacy and encryption. It discusses the FBI's request that Apple help unlock an iPhone used by one of the San Bernardino shooters. It then outlines the timeline of events, including Apple opposing the FBI's order in court. The document also discusses interpretations of privacy rights and surveillance, as well as the challenges companies face in balancing security, privacy and legal obligations.
This document provides an end of quarter plan for an English class. It outlines that the next class will include an in-class essay exam on Plato's "The Allegory of the Cave" and Woolf's "Shakespeare's Sister." The following class will have a makeup vocabulary exam and student self-assessment. The third class listed will be meetings by appointment to discuss essays. Additional deadlines are listed for self-assessments and revised essays due the last week. Instructions are provided for the in-class essay exam in terms of time, allowed materials, and paper requirements. Students are assigned postings on the discussion board to prepare for their final essay.
A empresa de tecnologia anunciou um novo smartphone com câmera aprimorada, maior tela e bateria de longa duração. O dispositivo também possui um processador mais rápido e armazenamento expansível. O novo telefone será lançado em outubro por um preço inicial de US$799.
El administrador es la persona responsable de liderar un grupo para lograr las metas de una organización, planificando, organizando, dirigiendo y controlando las actividades necesarias. Un administrador debe poseer competencias profesionales y técnicas, ser capaz de afrontar el cambio y generar empleo. Sus funciones incluyen controlar, ejecutar, analizar, comunicar, planificar, liderar, motivar y tomar decisiones para cumplir los objetivos.
Este documento presenta un taller práctico sobre 10 claves para la implementación de tendencias y enfoques innovadores en la educación. El taller busca que los docentes identifiquen el cambio necesario para incorporar las TIC al aula y currículo, y desarrollen las habilidades requeridas para el nuevo paradigma educativo. El taller se enfoca en temas como las nuevas habilidades del siglo XXI, políticas de acceso a TIC, y los desafíos de la educación para adaptarse al siglo XXI.
El documento describe las diferentes herramientas de aprendizaje en línea que el autor utiliza, incluyendo Google Chrome para navegar, Blogger para compartir artículos y presentaciones, Gmail para correo electrónico, Scribd para compartir documentos, LinkedIn para contactos profesionales, Google Maps, y Google Drive para almacenar archivos e información.
This document provides tips to help children at home with literacy, numeracy, and other foundation subjects. Some literacy tips include engaging in storytelling, using wordless picture books, and creating writing opportunities like shopping lists. For numeracy, the tips suggest doing everyday math activities like counting items bought and looking at car number plates, as well as asking investigative questions. It also lists some useful websites for educational games and practice in subjects like math and reading.
Este documento presenta un plan de estudios para enseñar a los estudiantes sobre la responsabilidad en relación con la sexualidad y la salud reproductiva. El plan incluye leer material sobre embarazos en la adolescencia, cuidar un pollito durante 3 días para desarrollar la responsabilidad, y compartir reflexiones en las redes sociales para evaluar el aprendizaje.
The document provides recommendations from the College Student Alliance (CSA) regarding changes to the Ontario Student Assistance Program (OSAP). It contains 10 recommendations that focus on:
1) Supporting students' ability to plan for their education by providing OSAP aid upfront if income verification is delayed and increasing financial education for students.
2) Improving communications by combining OSAP and student loan websites and gathering student feedback on marketing.
3) Addressing special circumstances in OSAP applications and reviewing processes.
4) Increasing scholarship exemptions and supports for international students.
The recommendations aim to help more low-income students access post-secondary education through a clearer and more supportive OSAP system.
Fingerprints, Passcodes, and Self Incrimination - BSides NovaWendy Knox Everette
You’re arrested and your phone is held up to your face to be unlocked by the arresting officer, then sent to a forensics lab. Dystopian future or one where FaceID collides with weak self-incrimination protections for biometrics? This talk will explain how your 4th and 5th Amendment rights interact with advances in biometric technology. Along the way it will offer design suggestions for creators of mobile devices and tips to end users.
This document summarizes several legal issues that arise in computer crime investigations and prosecutions. It discusses warrants for searching and seizing computers and electronic communications, what constitutes computer trespass, fixing improperly executed warrants, search and seizure law regarding computers including consent and time limits, and tracing electronic communications.
This document provides an overview of the policy debate topic on domestic surveillance in the United States. It begins with definitions of key terms in the resolution and provides a historical background of domestic surveillance laws and programs from the 1791 Bill of Rights to the 2015 USA Freedom Act. The document then outlines potential affirmative advantages and harms of curtailing domestic surveillance, as well as example plans and cases the affirmative could run. It concludes by discussing negative disadvantages, counterplans, and critical approaches the negative could take in the debate.
- Federal antitrust investigators may first notify a company of an investigation through executing a search warrant at the company's offices to seize documents and electronics. Such searches, known as "dawn raids", are coordinated across multiple jurisdictions.
- If searched, it is important for a company to immediately contact legal counsel, preserve documents, and designate representatives to handle inquiries while advising employees of their rights regarding speaking to investigators. Proper preparation and response can help minimize the impact of an antitrust investigation.
The document discusses the NSA's mass collection of US data including internet backbone collection, telephone records collection, and PRISM/Upstream collection. It notes that the NSA collects everything first before analyzing and sorting what is needed, relying on minimization procedures. The speaker argues this approach violates the 4th Amendment and notes the FISA court orders are not proper warrants. Litigation efforts by EFF are mentioned as well as legislation like the USA Freedom Act, international principles, and the need to not forget technology solutions.
This document discusses search warrants and their application to digital evidence collection. It notes that search warrants are generally required to search a person, place or thing, with some exceptions. When conducting searches related to digital evidence, affidavits may need to establish probable cause using technical experts, civilian experts may need to assist, and unusual handling of evidence may require court approval. The document provides guidance on writing affidavits and search warrants to clearly explain technical details to courts in a way judges can understand.
Learning Objective: Examine the process of achieving a U.S. Security Clearance
As you create your master plan for success, consider the variety of tools needed to gain a competitive edge in your industry. By familiarizing oneself with the extensive US Security Clearance Process, you can begin to prepare and access opportunities that help you excel. This seminar will guide you through the processing of getting and keeping a U.S. security clearance. Further, we will explore the future and emerging career opportunities that require various clearance levels.
At the end of this seminar, participants will be able to:
a) Identify a series of career paths and associated tools to improve job marketability.
b) List a series of certification and association options.
c) Review the security clearance process and associated misconceptions and mistakes.
1Figures title5Civil Liberties and the Supreme Court.docxdrennanmicah
1
Figures title: 5 Civil Liberties and the Supreme Court
Carpenter V. United States
In what was a big criminal case in Detroit, several suspects cell phone locations were tracked to prove a drug rings activity. This was going on for several months with no warrant granted with probable cause. Carpenter and his legal team argued after his conviction and in the appeals court that this very action violated his fourth amendment right and should vacate his conviction. This appeal set up a long and important fight that took our courts into a crossroads with regards to digital right being a part of the fourth amendment.
The Original Case and Information Seizure
Carpenter was convicted back in 2013 for a string of burglaries in the Detroit area. The FBI obtained his locations through a seizure of his stored location data for past months. Almost 13,000 data points were obtained by the agency. These data points showed everything about his life in the timeframe received. Agents were able to tell when and where he slept, went to church and much more. According to Chief Justice John Roberts, “when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.” (Wessler, 2018). The only problem being this perfect surveillance was done without any warrants. This set up the argument that all of this was done against his fourth amendment right.
The Fourth Amendment Right
The fourth amendment states that we all have ”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” ("America’s Founding Documents", n.d.). At the time this was written there were no such things as cell phones, but our court system was tasked throughout this case to properly interpret its meaning regarding our security and privacy with cell phone use and data. The Supreme Court ruled in favor of Carpenter in “Fourth Amendment must apply to records of such unprecedented breadth and sensitivity” ("America's Founding Documents", n.d.). By viewing someone’s mapped out timestamped locations we get to see very intimately where a person is going and quite possibly what they are doing, and when there are doing it. Not that we have things to hide for some of us, but I still think we are entitled to that level of privacy.
FBI Claims no Right Infringement
The Governments lawyers argues that when we share our information with a “third party” in this case the cellphone company that we forfeit our Fourth Amendment right for that information when doing so. That would mean that phone call information, text messages, and even our GPS data would no longer be our information to protect as it is shared with the cellphone company and that we.
Justin Harvey - Apple vs DOJ: Privacy in Today's Enterprisecentralohioissa
The document summarizes key events in the Apple v. DOJ case regarding privacy and encryption. It discusses the FBI's request that Apple help unlock an iPhone used by one of the San Bernardino shooters. It then outlines the timeline of events, including Apple opposing the FBI's order in court. The document also discusses interpretations of privacy rights and surveillance, as well as the challenges companies face in balancing security, privacy and legal obligations.
Data Privacy and Security in the Digital age Ukraine - Patrick BellUBA-komitet
Зустріч в рамках Комітету АПУ з питань телекомунікацій, інформаційних технологій та Інтернету з юристом з США Патріком М. Беллом щодо обговорення питань конфіденційності та безпеки даних, 26.07.2017, м.Київ
Wendy Knox Everette provides a summary of the history of encryption regulation and debates around law enforcement access to encrypted data. She discusses key cases like Bernstein v. United States and Apple v. FBI. Everette notes ongoing tensions between law enforcement desires for access and technology companies' stance that weakened encryption harms all users. Recent events like attempts to force Facebook to wiretap Messenger and Attorney General Barr's calls for lawful access are also summarized.
Social media competence and ethics OklahomaJon Sutten
Jabez LeBret, author of Online Law Practice Strategies, speaks with the Oklahoma State Bar about the responsibility lawyers have to stay competent and up to date with social media. What are they ethically responsible to know?
This document discusses the automobile exception to the warrant requirement for searches. It notes that law enforcement needs probable cause to believe evidence of a crime will be found in a vehicle, along with exigent circumstances. Exigent circumstances refer to situations requiring quick action, like the mobility of a vehicle meaning evidence could disappear. If police have probable cause and exigent circumstances exist, a warrantless vehicle search will likely be upheld in court.
Police can no longer search your phone without a warrant, rules Supreme CourtHarrison Weber
The Supreme Court heard two cases regarding warrantless searches of cell phones incident to arrest. In the first case, police searched Riley's smartphone multiple times following his arrest for weapons charges, obtaining evidence used to convict him of additional crimes. In the second case, police searched Wurie's flip phone call log after arresting him for a drug offense and used the information to locate drugs and a firearm in his home. The Court considered whether these warrantless searches violated the Fourth Amendment and ultimately ruled that police generally may not search digital information on a cell phone seized from an individual without first obtaining a warrant.
This document discusses several issues surrounding cyber law and policy. It outlines various forms of cybercrime like attacks on systems, cyberbullying, and online scams. It then examines current issues in cyber law like challenges around the 4th Amendment's search and seizure provisions, debates around data mining and privacy, and the roles of organizations like FISA courts. The document also analyzes how laws like the Patriot Act and statutes like CALEA have expanded the jurisdiction of law enforcement but have also led to conflicts with companies like Apple around data access and privacy.
Government Employs Backdoor Searches ACSB standards- Social and Ethica.docxLeonardN9WWelchw
Government Employs Backdoor Searches ACSB standards: Social and Ethical Issues, Technology in Society he Central Intelligence Agency (CIA) conducts foreign covert operations, counterintelligence operations, and collects and analyzes foreign intelligence for the president and his staff to aid in national ecurity decisions. The National Security Agency (NSA) is responsible for global monitoring, collection, and processing of information for foreign intelligence and counterintelligence purposes. The Federal sureau of Investigation ( FBI ) conducts domestic counterintelligence and counterterrorism operations in addition to its role as the lead law enforcement agency in the country. hese three agencies have implemented sophisticated programs to capture, store, and analyze electronic communications. The Downstream program (formerly called PRISM) extracts data from the ervers of nine major American Intemet companies including AOL, Apple, Facebook, Google, Microsof, Paltalk, Skype, Yahoo, and YouTube to obtain direct access to audio, video, photographs, emails, ocuments, and connection logs for each of these systems. The Upstream program taps into the infrastructure of the Internet to capture the online communications of foreigners outside the United States ulile their communications are in transit. The leaders of the intelligence agencies argue that these programs are essential to fighting terrorism. The agencies can also provide a dozen or more examples of ow use of the data gathered by these programs has thwarted the efforts of terrorists around the world. he programs are authorized by Section 702 of the FISA Amendments Act which authorizes surveillance of any foreigner overgeas, provided the purpose is to obtain "foreign intelligence " The Act loosely efines "foreign intelligence" to mean any information that "relates to" the conduct of foreign affairs. This broad definition mears that the target being survelled need not be a terrorist. The target needs only be thought to have information that is relevant to the government's foreign intelligence objective-whatever that may be. he process of gathering foreign electronic communications necessarily means the incidental capture of many conversations involving an American (who may be here in the United States) and a foreign arget. They may well be having a totally innocent communication with a foreign triend, relative, or business partner who is not suspected of any wrongdoing whatsoever. The total number of Americans' ommunications "incidentally" collected since the inception of Section 702 is well into the millions. fection 702 also allows the government to pool all the messages it intercepts into a giant database and then search the database, including conversations involving Americans - without a warrant. Varrantless survelliance of communications between Americans and foreigners is known as a "backdoor search because it effectively evades other provisions of United States law that require an ndiv.
https://www.youtube.com/embed/RTvzNCxewQI?wmode=opaque&rel=0
https://www.youtube.com/embed/d6bekpIZv8U?wmode=opaque&rel=0
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U.S. Supreme Court
Wong Sun v. United States, 371 U.S. 471 (1963)
Wong Sun v. United States
No. 36
Argued March 29 and April 2, 1962
Restored to calendar for reargument June 4, 1962
Reargued October 8, 1962
Decided January 14, 1963
371 U.S. 471
Syllabus
In a trial in a Federal District Court without a jury, petitioners were convicted of fraudulent
and knowing transportation and concealment of illegally imported heroin, in violation of 21
U S C §174 Although the Court of Appeals held that the arrests of both petitioners without
Syllabus Case
Wong Sun v. United States, 371 U.S.
471 (1963)
U.S.C. §174. Although the Court of Appeals held that the arrests of both petitioners without
warrants were illegal, because not based on "probable cause" within the meaning of the
Fourth Amendment nor "reasonable grounds" within the meaning of the Narcotics Control
Act of 1956, it affirmed their convictions, notwithstanding the admission in evidence over
their timely objections of (1) statements made orally by petitioner Toy in his bedroom at
the time of his arrest; (2) heroin surrendered to the agents by a third party as a result of
those statements; and (3) unsigned statements made by each petitioner several days after
his arrest, and after being lawfully arraigned and released on his own recognizance. The
Court of Appeals held that these items were not the fruits of the illegal arrests, and,
therefore, were properly admitted in evidence.
Held:
1. On the record in this case, there was neither reasonable grounds nor probable cause for
Toy's arrest, since the information upon which it was based was too vague and came from
too untested a source to accept it as probable cause for the issuance of an arrest warrant;
and this defect was not cured by the fact that Toy fled when a supposed customer at his
door early in the morning revealed that he was a narcotics agent. Pp. 371 U. S. 479-484.
2. On the record in this case, the statements made by Toy in his bedroom at the time of his
unlawful arrest were the fruits of the agents' unlawful action, and they should have been
excluded from evidence. Pp. 371 U. S. 484-487.
3. The narcotics taken from a third party as a result of statements made by Toy at the time
of his arrest were likewise fruits of the unlawful arrest, and they should not have been
admitted as evidence against Toy. Pp. 371 U. S. 487-488.
Page 371 U. S. 472
4. After exclusion of the foregoing items of improperly admitted evidence, the only proofs
remaining to sustain Toy's conviction are his and his codefendant's unsigned statements;
any admissions of guilt in Toy's statement require corroboration; no reference to Toy in his
codefendant's statement constitutes admissible evidence corroborating any admission by
Toy, and Toy's conviction must be set as ...
The document discusses the history and interpretation of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. It outlines that the Fourth Amendment requires warrants based on probable cause for searches and seizures, with some exceptions. It also discusses the exclusionary rule which bars illegally obtained evidence, and challenges around applying the Fourth Amendment to new technologies.
Revision Data Protection Act (Eduardo And Salvador)itgsabc
The document discusses the Data Protection Act, which was created to protect individuals' personal data and lay down rules for how it can be collected and used. It outlines the eight principles of the Act, including keeping data secure, relevant, accurate and not storing it longer than necessary. The Act gives individuals rights to access their data and make corrections. It also discusses exemptions to the Act, key roles like the Information Commissioner and requirements for organizations processing data, including providing notices with certain information.
Similar to Cell Phones, the Fourth Amendment, and the Fifth Amendment (20)
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
5. 3 TOPICS
➤ 4th Amendment and Cell
Phone Searches
➤ 5th Amendment and Order to
Decrypt and Unlock
➤ Subpoenas and Search
Warrants for Subscriber
Information
6. THEME: DON'T BE A DINOSAUR
(THE LAW MOVES SLOWER
THAN THE TECH)
7. WHY IS THIS IMPORTANT
➤ There's a Tech Component to
Every Criminal Case
➤ If you Don't Understand
Facebook, Twitter, Snapchat,
Instagram, Twitter, or the
Next 5 Things, You Will:
➤ Nuke Your Client's Appeal
➤ Miss Legal Issues
➤ Sound Dumb to the Jury
8. HOW WELL DO YOU NEED
TO KNOW IT
You need to know enough to teach it to the judges
and justices who don't get it
Pro-Tip -- Read Opinions of the Judges Who "Get"
It (GA: Dillard / TX: Justice Don Willett)
9. NEW V. STATE
327 GA. APP. 87 (2014)
Jury Question About Whether Deleted Contraband
Images Were in the Possession of the Guy in Possession of
the Computer
---
Read for the Rule and to Learn How to Write Briefs with
Tech Issues
10. 4TH AMEND. AND CELL
PHONES
What is a Cell Phone for 4th Amendment
Purpose?
13. GOVERNMENT PROPOSED TWO RULES TO DECIDE THE CASE
➤ Arizona v. Gant Methodology
➤ Warantless Search of Contents of Phone Permitted if there
is reason to believe that the phone contains evidence of the
crime of arrest
➤ Analogue Test
➤ Warrantless Search is Permissible if law enforcement could
have obtained the same information contained on the cell
phone from some pre-digital counterpart to the contents of
the phone
➤ These exceptions Would Swallow The Rule
14.
15. Balancing Test:
1. Government's Interest in Immediate Search
* Officer Safety
* Risk of Erasure
Versus
2. Privacy Interests of the Individual
* Vast Data Can Be Stored On Phone
* Our Whole Lives Are There
16. TAKEAWAY FROM RILEY
➤ Searches of Contents of Cell
Phones Require a Warrant
unless There is Truly an
Exigent Circumstance
(Instructions to Stop a Ticking
Time Bomb)
➤ This Balance Will Almost
Always Tip Toward Privacy
➤ Try to Keep This Framework
in mind in other contexts.
18. U.S. V. DOE
(IN RE
GRAND JURY
SUBPOENA)
570 F.3d 1335 (11th Cir.
2012)
19.
20. THE TRICK HERE
➤ The Question Does Not Turn
on the Privacy Interests in the
Contents of the Hard Drive or
Device
➤ The Question Turns on
Whether the Act of
Decryption or of Disclosing
the Password is "Testimony"
21. THE HOLDING
➤ Any Order to Decrypt Contents of a Hard Drive Is An Order
to Compel Testimony
➤ Immunity That Leaves Room for the Government to Derive
Use of that Testimony to Develop a Criminal Case Against the
Witness Does Not Protect Against Self-Incrimination for 5th
Amendment Purposes
22. SEC V. HUANG
➤ USDC for ED of Pennsylvania
➤ No 15-269 (2015)
➤ What if the Holder of the
Password is an individual
employee in possession of a
corporate phone?
➤ Remember the Analysis --
the Focus is the Act not the
Contents
23. THE TAKEAWAY
➤ Where the issue is court-ordered decryption or court ordered
production of a password, the issues is not 4th Amendment
But 5th amendment
➤ The Act of decryption or the providing of a password is
Testimony for 5th Amendment Purposes
➤ Full Immunity May Require Production
➤ And If the Contents are Particularly described, then the
foregone Conclusion may favor the gvt., but not yet
24. QUESTIONS AHEAD
➤ What if a bond condition is
"Provide law enforcement your
password, and you get a bond"
➤ Is this Jackson/Denno --
Miranda Self Incrimination?
➤ Is this speech with a hope of
benefit / Fear of Punishment
25. SUBSCRIBER INFO.
➤ U.S. v. Graham, 824 F. 3d 421
(4th Cir. 2016)
➤ U.S. V. Davis, 785 F.3d 498
(11th Cir. 2015)
➤ U.S. V. Carpenter (6th Cir.
2016)
➤ Every Circuit has followed the
3rd Party Doctine
26. CONCLUSION
➤ Cell Phone Searches Almost
Always Will Require a Warrant --
Riley
➤ A Person will Not be Required to
Decrypt a Hard Drive or Provide a
Passcode to his or her device
without a grant of full immunity
-- US v. Doe
➤ The Government May Freely get
Access to Cell Phone Location
Data and Without a Warrant --
Graham, Davis, Carpenter
➤ Stay Current on Tech and the Law
so That you Can be Creative
About it Going Forward