Syllabus (in progress)
Unless explicitly marked as Optional, all readings are considered required.
Date |
Topic |
|---|---|
Apr 4 |
Introduction |
Apr 6 |
Criminal process for electronic evidence: Search Warrants
Example Federal Search Warrant application (skim, note requirements: sworn statement made by law enforcement officer before neutral judge or magistrate, establishing probable cause, location to be searched [attachment A], items to be seized [attachment b] and see how that maps onto searching a phone; particularity standard) The evolution of what requires a warrant (electronic evidence edition). Pick one of the following opinions and read it in full (court's opinion only) and the for the rest just read the Wikipedia summaries:
For reference purposes: Rule 41 |
Apr 11 |
Criminal process for electronic evidence: Subpoenas and the 3rd party doctrine
Carpenter
v United States(only responsible for court's opinion,
not dissents -- but there is interesting stuff there!) Kerr, Does Carpenter Revolutionize the Law of Subpoenas? (Optional background on 3rd party doctrine) |
Apr 13 |
Stored Communications Act (Title II of ECPA) Skim:
18 USC 2701 Read summaries of: Read: 2015 CRS Report: Stored Communications Act: Reform of the Electronic Communication Privacy Act (ECPA)Optional: if you're curious, check out the 2701 section of the DoJ CCIPS Prosecuting Computer Crimes manual (i.e., directions for Federal prosecutors on how to charge computer crimes). Also again, if curious, check out instructions around 2703 in the DoJ CCIPS Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations manual. Note this is 2009 verison, pre-Warshak decision. |
Apr 18 |
Catch-up on SCA |
Apr 20 |
US v Microsoft and the CLOUD Act
Read these three lawfare articles:
Optional: if you're curious, check out the full briefs and opinons. Microsoft documents the case up through presentation to the 2nd Circuit here, 2nd Circuit opinion here. Here are the brief's for the Supreme Court: US, Microsoft, all other court documents and Audio and Transcript of Oral arguments. Text of CLOUD Act. |
Apr 25 |
PRTT and Wiretap
Skim 1-34 and 46-49 of Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping and the Summary of CALEA
|
Apr 27 |
Government hacking for law enforcement purposes
Skim 574-589 of Government Hacking. Optional: read more (in particular 594-613) |
May 2 |
Guest speaker: Honorable Mitchell D. Dembin Magistrate Judge of the US District for Southern California
Topic: The 5th Amendment and Compelled Device Access Read: Adam Herrera, Biometric Passwords and the Fifth Amendment: How Technology Has Outgrown the Right to Be Free From Self-Incrimination, UCLA Law Review, 66 UCLA L. Rev. 778 (2019). Neal Harwell, The Act of Production Doctrine, Neat Hardwell blog, 2017.
Optional: Compelled Decryption and the Privilege Against Self-Incrimination |
May 4 |
US v Apple (San Bernadino iPhone)
Skim: Wikipedia summary Skim: Read: Chesney's analysis of Apple's motionSkim: Read: Vladeck and Chesney's analysisOptional: for those interested: the full gamut of documents is here. Also, the eventual Orenstein order in the EDNY case (note AWA analysis) and two short examinations of the Orenstein ruling here and here |
May 9 |
Border Search of Electronic Devices Read: CRS Report Do Warrantless Searches of Electronic Devices at the Border Violate the Fourth Amendment
Read both summaries and skim the 9th circuit opinions:
|
May 11 |
Computer Fraud And Abuse Act
Skim the 2020 CRS report summarizing the CFAA (in particular, 1-10 and 27-34) Optional: DoJ's Legal Considerations when Gathering Online Cyber Threat Intelligence and Purchasing Data from Illicit Sources (basically, DOJ's directions for security researchers to not break the law with interacting with cyber criminals) |
May 16 |
CFAA -- Web scraping (civil) Read both Wikipedia summaries and one of the full decisions: Facebook v Power Ventures: Wikipedia summary, 9th circuit decision (you can ignore the CAN-SPAM part) hiQ LAbs v Linkedin: Wikipedia summary, 9th circuit decision Optional: there is a fun Planet Money podcast on the Power Ventures story. |
May 18 |
Common statues used in cybercrime cases: Wire fraud and Access Device fraud Read:
|
May 23 |
Reverse Engineering issues: copyright, trade secret and contracts Read: EFF's Coders Rights Project Reverse Engineering FAQ Read the Wikipedia summaries below(if you're curious, you can also read the key parts of the decisions):
Optional: |
May 25 |
Platform liability and Section 230 Read at least through Section 4.3 of the Wikipedia summary on 230. Read the summaries of three caseas below, and the decision in at least one:
Cubby v Compuserve (Wikipedia Summary) |
May 30 |
Data Breaches and CCPA
All Optional: |
June 1 |
Potpourri: Outstanding 4th amendment stuff (GeoFence, DNA databases), and online abuse issues (CSAM reporting, Cyberstalking, Revenge Porn)
All optional:
Police May Not Need a Warrant to Rummage Through Your Trash, But Warrantless Collection of DNA Is Unconstitutional (EFF blog)
Federal Stalking statute
Revenge Porn laws (findlaw summary) |
Jun 6 |
Guest speaker: Norman Barbosa, Associate General Counsel, Microsoft Managing demands for data in a Global Company PLease read: Two Visions of Digital Sovereignty, Sigur Raman (Lawfare) |
Jun 8 |
FTC and Privacy, Blockchain, and Summary Optional, read per interest FTC v Ring (Complaint for Permanent Injunction FTC v Ring ([Proposed] Stiplated Order for Injuction and Moentary Judgement) FTC Consent Decrees Are Best Guide to Cybersecurity Policies (BSF News story)
US District Court of DC, Memo on applicability of blockchain analysis for PC |