By Jessica Wilkerson
As society has become increasingly intertwined with and reliant upon the Internet, so have criminal investigations. While this explosion in digital evidence has in many ways been a boon—some commentators speak of a “golden era of surveillance”—the growth and continued evolution of relevant technologies poses significant challenges to the prosecution of criminal acts.
This is especially true in the context of human trafficking investigations, which tend to heavily leverage digital infrastructures like mobile phones and the Internet. This article explores two evolving technologies—device encryption and DNS-over-HTTPS—to provide an explanation of how they work, and the challenges, both practical and legal, that they create for law enforcement efforts to combat human trafficking. In doing so, this article aims to create a deeper understanding of these technologies, dispel myths or confirm theories about their impacts, and explore proposals for ways in which necessary advancements in technology can, should, and must coexist with the needs of law enforcement to prosecute crime.
Continue reading “Caught Between Old Crimes And New Tech: Anti-Human Trafficking Efforts In The Modern Digital Age”
By Krystian Seebert
Imagine that a client schedules a consultation with his lawyer. After listening to the client’s story, the attorney advises the client, and the two conclude their meeting. This is a standard consultation, right? Wrong. Thanks to the power of modern technology, the client and his lawyer do not have to meet face-to-face. In fact, the lawyer’s permanent Virtual Legal Office (“VLO”) could be halfway across the country from the client.
If such a meeting really happened, ABA Model Rule 5.5 (the “Rule”) requires that the lawyer be admitted to the bar in the state of his or her office. Furthermore, other restrictions may require that the lawyer also operate a physical office in the state of his or her virtual practice.
This article reviews how the current rules on the remote practice of law developed, examines the current state of the law governing virtual legal practice, and finally argues that overly-restrictive regulation of VLOs has negative policy implications for the modern world.
Continue reading “Virtually Impossible: The Many Barriers to Multi-Jurisdictional Virtual Legal Practice”
By: Colin Nardone
In this modern technology age, do we really have a right to privacy? Practically everything we do, whether it is checking the weather, changing our thermostat, or using an internet connected home security system, is tracked by some company online. These companies compile these vast amounts of data, and often sell them to the highest bidder. Sometimes, even the police gain access to this data in order to solve crimes. Does the Constitution have any meaning in this kind of hyper-connected world?
The Fourth amendment provides “[t]he right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures,” but is there anything left to these words to provide that security for individuals, especially those most impoverished in our country? Within the last few decades, the Supreme Court has generally recognized a right to privacy under the Fourth Amendment in specific contexts where technology is involved. But does this same right extend equally to all Americans including those who live in public housing across the United States?
Continue reading “Are All Americans Deserving of Equal Privacy Rights in the Age of the Internet of Things?”