NW3C plans to send staff Justin Fitzsimmons to present a two-hour presentation on Search and Seizure for the National District Attorneys Association (NDAA). The faculty member will provide an overview of various computer programs used by defendants in the commission or furtherance of their criminal activity. He will discuss: use of adware versus spyware—why and how defendants use this; how spyware can get on the victim’s computer; charges available for defendants who utilize spyware in this manner—installing an eavesdropping device or using the computer to commit a crime; what types of hardware devices prosecutors and investigators should be looking for, (such as keystroke logging—which allow defendants access to passwords); and what programs offer protections, (such as anti-virus software/firewalls). The faculty member will also discuss the statutory and constitutional considerations regarding investigation, identification of evidence, and evidence collection of a variety of 21st century evidence. The faculty member will discuss what types of digital artifacts are available from local devices, and cyberspace; 2) understanding the impact of the Carpenter v. United States decision and how that controls law enforcement access to data, both locally and remotely stored data; and 4) geo-filtered warrants.
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