Cybercrime 2020: Revisiting the Future of Online Crime and Investigations

Co-sponsored by Georgetown University Law Center and the Criminal Division of the U.S. Department of Justice

November 29, 2018

Georgetown Law
Gewirz 12th Floor
120 F Street, NW
Washington, D.C. 20001

In December 2014, Georgetown University Law Center and the U.S. Department of Justice held Cybercrime 2020, an examination of where technology was headed, how it was likely to be exploited in the near future, and what law enforcement could do to address developing threats while balancing privacy and civil liberties. This year, Cybercrime 2020: Revisiting the Future of Online Crime and Investigations will reexamine the predictions made at our last symposium and explore how newly emerging cybercrime trends and the courts’ latest technology-focused rulings are reshaping investigative techniques. The symposium’s panels will explore how the courts and policymakers—in the U.S. and abroad—are likely to respond to recent advances in technology and evolving tech policy, and whether U.S. law enforcement’s existing tools and capabilities are up to the challenges ahead. The conference will bring together experts from academia, the government, judiciary, and private industry to shed light on the future of online crime and investigations.

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Panel 4 – Carpenter and the Future of the Fourth Amendment: Where Do We Go from Here? (3:40 pm- 4:55 pm): The use of new investigative techniques will be tested by evolving Fourth Amendment jurisprudence. How do the prosecutorial tools and investigative techniques raised by the prior panels look in light of judicial doctrine? What constitutional issues do they raise? The Supreme Court’s decision in United States v. Carpenter may end up being a lynchpin of future legal decisions; however, the Court’s opinion raised as many questions as it answered. How will Carpenter shape surveillance and privacy laws? Will its reasoning be extended to areas other than location information? If so, under what rationale? How will it affect other Fourth Amendment jurisprudence, such as the third-party and
private-search doctrines?

• Moderator: Professor Laura Donohue, Georgetown Law
• Discussants:
  • April Falcon Doss, Saul Ewing Arnstein & Lehr LLP
  • Nathan Judish, Senior Counsel, DOJ, CCIPS
  • Professor Paul Ohm, Georgetown Law
  • Michelle Richardson, Director of the Data and Privacy Project, Center for
    Democracy & Technology

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