Unlocking the Black Box: Challenging Surveillance and Technology in Criminal Cases

This CLE conference was co-hosted by NACDL and the Samuelson Law, Technology & Public Policy Clinic at UC-Berkeley School of Law on May 16-17, 2022 in Chicago, Illinois. 

Litigating DNA Software

This panel will feature a discussion on probabilistic genotyping between Megan Graham, a clinical supervising attorney in the Samuelson Law, Technology and Public Policy Clinic at UC Berkeley School of Law, Khasha Attaran, a federal public defender, and Jeanna Matthews, a professor of computer science at Clarkson University.

Flash Talk — Confronting Trade Secrets Claims in Criminal Cases

This talk by Rebecca Wexler, an assistant professor of law at the UC-Berkeley School of Law, will offer law and policy arguments to challenge assertions of trade secret privilege to block access to relevant and necessary evidence in criminal cases.

Litigating ShotSpotter: The Science and the Law

In this panel, Brendan Max, the Chief of the Forensic Science Division of the Cook County Public Defender Office, discusses the reliability of ShotSpotter evidence as well as the legal and 4th amendment strategies that defense lawyers can use to challenge ShotSpotter evidence.

Search, Seize, and Extract: Challenging Law Enforcement Use of Mobile Device Forensic Tools and Technologies in Criminal Cases

This panel features Aisha Dennis, former staff attorney at the Fourth Amendment Center, Harlan Yu, the executive director of Upturn, and Jerome Greco, a public defender in the Digital Forensics Unit of the Legal Aid Society in New York City.

Racist by Design: Racial Bias and Algorithmic Decision Making

In this panel, Cathy O'Neil, a mathematician, data scientist and the founder of ORCAA, an algorithmic auditing company, shows how every step of the criminal legal process can be outsourced to algorithmic decision-making systems. 

Garbage In, Gospel Out: Predictive Policing and Social Media Monitoring in Criminal Cases

Data-driven policing tactics and social media monitoring facilitate the increased surveillance and criminalization of Black and Brown communities across the United States. In this panel, Jumana Musa, director of the Fourth Amendment Center, and Hanni Fakhoury, a criminal defense and civil rights litigator, will discuss strategies that defense attorneys can use to protect their clients from these invasive practices.

Flash Talk — The Post-Carpenter Landscape

This flash talk by Catherine Crump, the director of the Samuelson Law, Technology and Public Policy Clinic at UC-Berkeley School of Law, will focus on the latest developments in the courts after the Supreme Court’s decision in Carpenter v. United States that the government needed a warrant to obtain 7 days of historical cell site location information.

When Google Searches for You: Challenging Geofence Warrants

The growing use of geofence warrants in investigations raises deep concerns over Fourth Amendment and privacy protections. What strategies can defense lawyers use to challenge this new and invasive investigative technique?This panel features Michael Price, the Fourth Amendment Center’s litigation director, Laura Koenig, an assistant federal public defender in Richmond Virginia, and Spencer McInvaille, a digital forensic examiner at Envista Forensics.

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Connected Cars and the Fourth Amendment

This panel featuring digital forensics expert Lars Daniel and defense attorney Jonathan Brayman will show you how cars can collect vital information and how you can confront that data in criminal cases.

Pretrial Risk Assessment: Lessons from Ongoing Research and Advocacy

Led by Logan Koepke, a project director at Upturn, this talk focuses on three emerging themes: detention, decriminalization, and discretion. Attendees will leave with a comprehensive understanding of the flawed nature of risk assessment tools and how these instruments affect criminal cases.

Flash Talk — The New Age of Mass E-Carceration: Racism, Lived Experience, and Digital Data

James Kilgore, an author, activist and prison abolitionist, leads this flash talk, which provides an overview of this new invisible jailing system and present opportunities for defense attorneys to push back.

Flash Talk — Police Tech and the Abuse of Power: Using Policing Technology Against the Police

How can criminal defense attorneys turn police technologies on police departments in criminal proceedings? Debbie Katz Levi, head of the Baltimore City Public Defender Special Litigation Section, addresses this question in her flash talk. 

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