NACDL - When the Government Uses Social Media to Prosecute Your Client

When the Government Uses Social Media to Prosecute Your Client

This webinar discussed 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.

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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 from August 6, 2020 featured 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.