Date/Time: Thursday, September 28, 6:00 – 8:15 p.m.
Location: Wilkinson Barker Knauer, LLP, 1800 M Street, NW, Suite 800N

The FCBA Privacy and Data Security Committee will sponsor a CLE on Thursday, September 28 from 6:00 – 8:15 p.m. entitled “ECPA and Government Access to Communications-Related Data: The Present and the Future.”  This program will be held at Wilkinson Barker Knauer, LLP, 1800 M Street, NW, Suite 800N.

AGENDA

6:00 – 6:05 p.m.         Welcome and Introductions

Megan Brown, Partner, Wiley Rein LLP and FCBA Privacy and Data Security Committee Co-Chair

6:05 – 7:05 p.m.         The Current State of Affairs

The first panel will provide an overview of the current state of the law on government access to the content of communications and communications-related metadata.  The speakers will provide background information for those who do not typically practice in this area, as well as also offer seasoned insights on how the law works (and doesn’t work) in practice.

Moderator:

Adrienne Fowler, Partner, Harris, Wiltshire & Grannis, LLP and FCBA Privacy and Data Security Committee Co-Chair

Speakers:

Mick Stawasz, Deputy Chief for Computer Crime, The U.S. Department of Justice

Paul Ohm, Professor of Law, Georgetown University Law Center

7:05 – 7:15 p.m.         Break

7:15 – 8:15 p.m.         The Future of Access to Electronic Evidence and Surveillance

The second panel will discuss the prospects for legislative reform, as well as legal challenges to the government’s collection of communications-related data.  In particular, the panel will discuss the Supreme Court’s consideration in Carpenter v. United States of whether the Fourth Amendment permits warrantless seizure and search of historical cellphone records revealing the location and movements of a cellphone user for a long period of time; legal challenges to government demands for information that may be stored outside of the U.S.; and various pieces of legislation currently under consideration by the House and Senate.

Moderator:

Megan Brown, Partner, Wiley Rein LLP and FCBA Privacy and Data Security Committee Co-Chair

Speakers:
Sujit Raman, Associate Deputy Attorney General, Office of the Deputy Attorney General, U.S. Department of Justice

Jennifer Daskal, Associate Professor, American University Washington College of Law

Christopher Bates, Senior Counsel to Senator Orrin G. Hatch, U.S. Senate Committee on the Judiciary

 

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