September 05, 2018

2018 Annual Meeting

Showcase CLE Program: Can’t touch this—or can they? Government Searches, Privacy, and Security in a Digital Age

August 3, 2018 | 10:00 - 11:30 AM

This program focused on how explosive technological growth  is changing traditional legal norms. For example, smart phones and interconnected cars and other devices are collecting massive amounts of personal data. Today’s smart phones contain the “privacies of life,” according to Chief Justice Roberts. As a result, institutions from the Supreme Court to local police departments are struggling with how such technologies will impact everything from law enforcement efforts to efforts to protect the same information through robust privacy protections.

Panelists focused on the practical implications of these changes for practitioners and businesses. For example, as DHS increases warrantless searches of electronic devices (i.e., smart phones) at international borders for all persons entering and leaving the United States, what should companies be doing to protect confidential business information? Similarly, what steps should traveling attorneys be taking to safeguard privileged information? What recourse is there, if any, if the government oversteps?

And as more and more consumers are sharing private information with third parties such as wireless phone companies, what are the legal limitations of what companies can do with that information? What showing must the government make to access that information from the company, and how has recent Supreme Court case law (including pending cases) changed the legal landscape?

The panel discussed recent Supreme Court rulings (including Carpenter and cases currently pending before the Court), various legislative proposals that have been introduced, and the impact of Trump Administration policies on privacy and technology in this space.

The goal of the panel was to outline the various and fast evolving technologies, highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data, lay out the statutory and legal framework for thinking about these issues, and provide practical advice and solutions to lawyers and companies struggling to make sense of it all.

Moderator: Paul Rosen, Partner, Crowell & Moring (former DHS Chief of Staff and federal prosecutor)

Speakers: Jonathan Gannon, Assistant Vice President, AT&T (former DOJ National Security Division Deputy Unit Chief)

Stephanie Christensen, Chief, Cyber and Intellectual Property Crimes Section, National Security Division, United States Attorney's Office for the Central District of California

Uma Amuluru
, Senior Counsel, Boeing (former White House lawyer and prosecutor)

Rajesh De
, Partner, Mayer Brown (former General Counsel, National Security Agency)