Upcoming Events

Law & Tech: Laura Donohue

Tuesday, September 13, 2016 - 12:00pm

The Fourth Amendment in a Digital World

Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works.  The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake.  Simultaneously, reduced resource constraints are accelerating the loss of rights.  The doctrine has yet to catch up with the world in which we live.  One potential solution to adapting the Fourth Amendment to the digital age lies in acknowledging the acquisition of uniquely identifiable information as per se a search, and thus presumptively unreasonable absent a warrant.  This approach is rooted in the right of the people to be secure in their “persons” as well as “papers” and “effects” against unreasonable search and seizure.  The Court’s logic inRiley v. California and interests articulated by the shadow majority in United States v. Jones offer promising ways to evaluate reasonableness by focusing on the type and extent of information being collected, the length of the collection, the combination of the data with other information, and the number of individuals whose privacy is thereby compromised, as weighed against the governmental interests at stake.

Hacking the Election

Tuesday, September 20, 2016 - 9:00am

In the wake of the DNC hack, there has been a flurry of discussion of how both foreign and domestic actors may use new technologies in the attempt to influence the election, ranging from releasing private information to actively hacking voting machines. This raises a host of legal and political questions regarding the relationship between advanced technologies and the integrity of political processes.

Panel 1: The DNC Hack