CLE: Coping with Carpenter: The Fourth Amendment Meets the 21st Century

Date/Time: Wednesday, November 7, 12:00 – 2:15 p.m.
Location: Arnold & Porter, 601 Massachusetts Avenue, NW

This CLE will examine how the Supreme Court’s Ruling in Carpenter v. US Impacted Communications Privacy, Service Providers and Law Enforcement.

Agenda:

12:00 – 12:05 p.m. Welcome and Introductions

12:05 – 1:20 p.m. Panel 1: Background and Holdings

• 4th Amendment Protections and Probably Cause Warrants
• Third Party Doctrine Exception
• Reasonable Cause Orders under 18USC2703(d)
• Collection of Cell Site Location Information (SCLI) and Identifiable Patterns of Life
• Carpenter – Majority
• Carpenter – Dissents
• Carpenter – What Was Left Open

1:20 – 1:30 p.m. Break

1:30 – 2:15 p.m. Panel 2: Implications of Carpenter to

• Surveillance in law enforcement investigations
• Surveillance in intelligence investigations
• Impact on collection of location information not specifically at issue in the case
• Impact on collection of other communications data
• Access to DNA, political, health, shopping and other personal and family information stored by carriers, social media services, websites and other service providers
• What’s next re: Liberty v Security?

Moderator:

Joel Margolis, General Counsel and Executive Vice President of Government Affairs, Subsentio

Panelists:

Allan Johnson, Assistant Vice President & Senior Legal Counsel, AT&T

Nathan Judish, Senior Counsel, Computer Crime, Department of Justice

Jumana Musa, Director, Fourth Amendment Center, National Association of Criminal Defense Lawyers

Greg Nojeim, Senior Counsel & Director of Freedom, Security and Technology Project, Center for Democracy & Technology