Co-taught by Judge Andrew Austin and Judge Henry Bemporad. This course meets in person on the following dates: Jan 24, Feb 7, Feb 21, Mar 7, Apr 4, Apr 11, and Apr 25.
Class Description
This class should be considered essential for any student intending to practice criminal law, whether as a prosecutor or defense attorney. In the 21st century, the vast majority of requests for criminal investigative warrants or subpoenas seek to obtain digital data. The law governing these requests all stems from the Fourth Amendment, written before any of this data was even imaginable. This one-hour class will provide students with an overview of the constitutional, legal, and technological issues that judges and practitioners face when submitting, reviewing and challenging these search and surveillance requests. The seminar will include lectures by the professors, guest lectures by legal and technical experts (such as FBI forensic specialists, in-house counsel at the large tech firms that hold the sought-after data, and attorney representatives from main Justice and the Electronic Frontier Foundation).
Assessment Method
The class will be offered Pass/Fail. Student assessment will have two components: (1) class participation throughout the course and (2) three short writing assignments. The writing assignments will require the students to prepare memoranda (approx. 3-4 pages) addressing legal and practical questions raised by the presentations and materials discussed in class. Each assignment will ask students to consider an issue from a different perspective, corresponding to the perspectives of the guest speakers (the Department of Justice, the criminal defense bar, privacy advocates, and the tech firms). Each assignment will coincide with a guest speaker representing each of these interest groups.
Austin, Andrew W. 