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“With all they contain and all they may reveal, [smartphones] hold for many Americans the privacies of life.” That memorable exclamation from Supreme Court Chief Justice John Roberts announced a bright line rule in 2014: to get access to the contents of a smartphone seized during an arrest, law enforcement must get a warrant.
But what happens when a warrant is ineffective? Apple and Google have introduced new mobile operating systems that harden mobile phones against forensic examination. Apple recently told a federal court that, for devices running iOS 8 or higher, Apple lacks the technical ability to extract encrypted user data. That is privacy by design.
Law enforcement, particularly the director of the FBI, has expressed concerns about “mainstream products and services designed in a way that gives users sole control over access to their data.” Director James Comey put it this way in a recent hearing: “The core question is this: once all of the requirements and safeguards of the laws and the Constitution have been met, are we comfortable with technical design decisions that result in barriers to obtaining evidence of a crime?” A related question for IAPP members is whether device encryption may foreshadow workplace controversies related to intellectual property on encrypted personal electronic devices. Who, if anyone, should have access to a Golden Key?
We’ll discuss these important privacy issues Wednesday, November 18, 2015, with an expert panel featuring Dr. Andy Cobb and attorneys David Habich and Dan Canon. Dr. Cobb is a partner at One Source Discovery. His expertise includes digital forensic analysis and he is the creator of BlackBox, a remote forensic collection software tool. David Habich is chief counsel for FBI Louisville. Dan Canon’s private practice is focused on civil rights litigation, employment litigation and appellate advocacy. Retired U.S. Magistrate Judge James D. Moyer will moderate this timely discussion.
Our panel will also discuss recently announced privacy protections for the use of cell-site simulators in criminal investigations. These so-called “Stingrays” mimic carrier cell sites and collect data not only from investigative targets, but potentially from other wireless users. Come to KnowledgeNet to learn about the new policy announced this Fall.
Greater Louisville Inc. is the location host for this free limited admission event.
KnowledgeNet is presented by the International Association of Privacy Professionals (IAPP).
This KnowledgeNet Chapter meeting is part of Stoll Keenon Ogden PLLC’s (“SKO”) effort to increase awareness of privacy law and cybersecurity issues from all angles: legal, regulatory and business. These informal gatherings provide a chance for IAPP members and other professionals to meet, discuss and gain knowledge about privacy issues, challenges and ideas. SKO’s Privacy & Information Security Practice focuses on all issues of privacy law, including those related to the increasing importance of digital personal and intellectual property.
The IAPP is the world’s largest and most comprehensive information privacy community and resource. The not-for-profit has more than 23,000 members in 83 countries. SKO attorney Douglas Brent, CIPP/US, is the Louisville chair for this KnowledgeNet chapter. The event is open to members and non-members of IAPP and required reservations may be made online here.
This event begins at noon at 614 W. Main Street. Lunch will be provided by SKO.
About the IAPP
The International Association of Privacy Professionals (IAPP) is the largest and most comprehensive global information privacy community and resource, helping practitioners develop and advance their careers and organizations manage and protect their data. Founded in 2000, the IAPP is a not-for-profit association that helps define, support and improve the privacy profession globally More information about the IAPP is available at www.iapp.org.