Syllabus (very much in progress)
Unless explicitly marked as Optional, all readings are considered required.
Date |
Topic |
|---|---|
Jan 5 |
Introduction |
Jan 7 |
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). Read one of the following opinions in full (court's opinion only) and the rest read the Wikipedia summaries:
For reference purposes: Rule 41 |
Jan 12 |
Class cancelled |
Jan 14 |
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) |
Jan 19 |
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. |
Jan 21 |
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. |
Jan 26 |
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
|
Jan 28 |
Government hacking for law enforcement purposes
Skim 574-589 of Government Hacking. Optional: read more (in particular 594-613) |
Feb 2 |
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 |
Feb 4 |
Guest speaker: Honorable Mitchell D. Dembin, Magistrate Judge of the US District for Southern California Topic: The 5th Amendment and Biometrics (e.g., phone unlock) Read: Chapter V of Carpe Data: A Guide for 9th Circuit Magistrate Judges when Reviewing Government Applications to Obtain Electronic Information Optional: Compelled Decryption and the Privilege Against Self-Incrimination |
Feb 9 |
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) |
Feb 11 |
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. |
Feb 16 |
Class cancelled |
Feb 18 |
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:
|
Feb 23 |
Common statues used in cybercrime cases: Wire fraud and Access Device fraud Read:
|
Feb 25 |
Guest speaker: Norman Barbosa, Assisstant General Counsel, Microsoft Topic: Case Study (Seleznev) and the Complexities of Managing Demands for Data in a Global Company Read:
|
Mar 2 |
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) |
Mar 4 |
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: |
Mar 9 |
Guest speaker: Honorable M. Margaret McKeown, Federal Judge with the US Court of Appeals for the 9th Circuit Courts and Technology: Playing Catchup Before class:
|
Mar 11 |
TBD. Might include:
|