Likes, Posts and Shares: When the Government Uses Social Media to Prosecute Your Client
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.
Presentation Slides from Rachel Levinson-Waldman
- Government Monitoring of Social Media: Legal and Policy Challenges
Rachel Levinson-Waldman, The Brennan Center
- Statement of Civil Rights Concerns About Monitoring of Social Media by Law Enforcement
Brennan Center, ACLU of Northern California, Free Press, and MediaJustice
- How to Reform Police Monitoring of Social Media
Rachel Levinson-Waldman and Ángel Díaz, The Brookings Institution
- Big Data and Predictive Reasonable Suspicion
Andrew Ferguson, University of Pennsylvania Law Review
- Law Enforcement's Usage of Social Media for Investigations
- Social media surveillance is growing in the wake of Geofeedia’s demise
Beryl Lipton, Muckrock
- Social Media Monitoring in Boston: Free Speech in the Crosshairs
ACLU of Massachusetts
- Police Use Surveillance Tool to Scan Social Media, A.C.L.U. Says
Jonah Engel Bromwich, Daniel Victor & Mike Isaac, The New York Times
- Police embrace social media as crime-fighting tool
Heather Kelly, CNN
- Lawyer: Michigan police use fake Facebook profile to track gun advocates
Robert Allen, Detroit Free Press
- How the NYPD is using social media to put Harlem teens behind bars
Ben Popper, The Verge
- Government Set Up A Fake Facebook Page In This Woman’s Name
Chris Hamby, Buzzfeed
- DOJ Settles Claims Over DEA's Fake Facebook Page
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