We live in a digital world, in which a vast array of electronic information, devices, and networks affect almost all human activity - including criminal activity and law enforcement. The acquisition and use of electronic information for the prosecution and trial of criminal actions and the defense thereof is not confined to “computer crimes” such as hacking or data piracy. Electronic evidence can be relevant to all types of crime, from international terrorism and espionage to child pornography, drug trafficking, kidnapping, or murder; to financial fraud; or even to traffic violations. The volume, complexity, and volatility of electronic information require that attorneys - both prosecution and defense - become aware of the common problems and opportunities that electronic information presents. Moreover, the presence of electronic evidence in a criminal action may require attorneys on both “sides” to rethink old patterns of adversarial behavior and come up with more creative strategies for effective advocacy.
During this five-hour program, a distinguished panel of experienced practitioners and two federal judges will discuss:
- The impact of electronic information on criminal investigations, prosecutions, and defense
- Tools available to law enforcement when investigating possible criminal activity involving computer data and communications
- Negotiation of issues involving electronic information
- The scope of grand jury subpoenas for electronic information and communications
- Negotiation about the subpoenas for electronic information directed to organizations
- Fourth and Fourteenth Amendment issues surrounding the search and seizure of computer equipment, media, and electronic information
- Protection of privilege, confidentiality, and work product in an electronic environment
- eDiscovery lessons learned from civil discovery practice and rules amendments
- Value of coordination and communication in the disclosure and exchange of electronic information in criminal discovery
Attendance in the Ceremonial Courtroom is limited and registrations will be accepted on a first-come, first serve basis. Additional attendees may view the program via live closed-circuit video in an adjoining courtroom. To qualify for up to 3.5 hours of Continuing Legal Education credit, please indicate the state in which you practice and provide your bar number on the registration form.