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Border Searches, National Security, and the Reasonable Expectation of Digital Privacy

Criminal Law & Procedure Practice Group Teleforum

Start : Monday, September 23, 2013 02:00 PM

End : Monday, September 23, 2013 03:00 PM


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Location:
Federalist Society Teleforum Conference Call

Featured Speakers:
Andrew J.P. Levy
Brian Hauss

Description:

In United States v. Cotterman, the Ninth Circuit held en banc that government officials must have "reasonable suspicion" before conducting forensic searches of laptops at the U.S. border. The court's ruling is a dramatic departure from the general rule permitting suspicionless border searches in the interests of national security. Is the Ninth Circuit correct that computer searches should be held to heightened scrutiny because they "implicate substantial personal privacy interests?” Is it true that "[a] person's digital life ought not be hijacked simply by crossing a border?” Or does the Cotterman decision pose a threat to effective protection of the nation from harm? Was Judge Consuelo M. Callahan correct in her partial dissent that "a port of entry is not a traveler’s home ... even if a traveler chooses to carry a home’s worth of personal information across it?” Our experts will debate these questions, and more.

Featuring:

  • Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project
  • Andrew J.P. Levy, Former Deputy General Counsel, Department of Homeland Security
Agenda:

Call begins at 2:00 p.m. Eastern Time.

Registration details:

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.