FedSoc Forums

Going Dark Phenomenon


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What is the effect of encryption on government/law enforcement access to digital evidence? Default device encryption inhibits government’s ability to obtain access to electronic data even in circumstances that satisfy Fourth Amendment warrant requirements. Lawmakers and policymakers have struggled over whether this lack of access a bad thing. How do we balance our collective security interests in allowing law enforcement to access the contents of electronic devices and our individual privacy rights in securing our data against illegal and/or unreasonable access?
Featuring:
Jamil Jaffer, Founder and Director, National Security Law & Policy Program
Greg Brower, Shareholder, Brownstein Hyatt Farber Shrek
Kenn Kern, Assistant District Attorney, New York county District Attorney's Office
Moderator: Hon. Michele Christiansen Forster, Associate Presiding Judge, Utah Court of Appeals
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FedSoc ForumsBy The Federalist Society

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