Identifying and Challenging Digital Surveillance

Live date: 
Friday, August 21, 2020 - 11:30am

In order to protect the rights of clients (and themselves) in the digital age, criminal defense attorneys must be aware of new and evolving methods of surveillance, including the use of so-called whisper stops, Stingrays, cell-tower “dumps,” geofencing warrants, and online genealogical data. Many of these techniques are shrouded in remarkable secrecy and their use by law enforcement is frequently not disclosed in discovery as a matter of course. Relatedly, a body of law has been developing surrounding the use of compelled decryption of telephones—for instance, asking a suspect their cell phone password may implicate Miranda concerns, whereas using a suspect’s fingerprint to unlock the phone may not. These concerns are relatively new, and defenders must make strategic adjustments to how discovery is conducted, how suppression is litigated, and how to meet such digital evidence.


Mark Rumold, Senior Staff Attorney, Electronic Frontier Foundation

Additional Information


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1.00 hours
CLE Value:
1 hrs
1 hrs

Faculty Coordinator

For questions regarding course details, please contact the program manager.

Faculty Coordinator

individual image for Monica Yelverton
Associate Director of Programs and Services, Public Defense Education
For questions regarding course content, please contact the faculty coordinator.

Faculty Coordinator

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Topics - Courts and Judicial Administration