On November 20, 2019, the Pennsylvania Supreme Court in Commonwealth v. Davis held that a defendant in a criminal case cannot be compelled to disclose a password protecting an encrypted computer under the so-called foregone conclusion exception to the doctrine of self-incrimination in the Fifth…
Government May Compel Disclosure of Encryption Passwords in Pennsylvania
The Pennsylvania Superior Court issued another troubling, computer-related opinion in late November 2017. Commonwealth v. Davis holds that the Pennsylvania government can compel an individual to disclose a computer password for an encrypted computer. Commonwealth v. Davis, 2017 PA Super 376 (Nov. 30,…
Overview of Pennsylvania’s Data Breach Reporting Law
Many ask what a business should do when uncovering a suspected data breach in Pennsylvania. Unfortunately, the answer can be quite complex depending on the business, the nature of the suspected breach, and the data involved. The legal consequences of a data breach, not to mention the business consequences,…
eDiscovery Technologies Article Published
The Suffolk Journal of Trial and Appellate Advocacy law journal published Peeking Inside the Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for eDiscovery (21 Suffolk J. Trial & App. Advoc. 221, 221-286 (2016)). The article explores the sometimes complex…
Article on eDiscovery Technologies Pending Law Journal Publication
The Suffolk Journal of Trial and Appellate Advocacy law journal will publish Peeking Inside the Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for eDiscovery. Shannon Brown is excited about the law journal publication. He taught eDiscovery technologies at…
The Unwitting Cybersecurity Trap: The Risks of Relying on Technology Consultants
Considering the increasing number of data breaches, “hacking” episodes, and cybersecurity incidents over the past few years, businesses are finally starting to take cybersecurity and data security seriously. Businesses also realize that responsibility for data security is shifting from the IT staff to the Board and senior leadership.* However,…
Attorney Brown Teaches Law School Course on eDiscovery Technologies
Attorney and Adjunct Professor Shannon Brown taught a course on eDiscovery technologies such as keyword search, technology assisted review (TAR), predictive analytics, and predictive coding. Unlike typical eDiscovery courses, which often gloss-over the technologies, law students became deeply engaged in the technical aspects of eDiscovery including completing a hands-on,…
Is PCI Compliance Enough?
CIO Magazine recently ran an insightful article about PCI compliance. The article emphasizes that PCI “compliance” is a credit card industry minimum set of standards to protect data and to minimize data breaches. However, as the numerous data breaches…
Federal Appellate Court Affirms Warrant Required for GPS Tracking
UPDATE: Government attorneys continue to press for warrantless searches in GPS cases and significant, and unconstitutional, expansion of the so-called Good Faith Doctrine. On December 12, 2013, a majority of the Third Circuit agreed to re-hear the matter en banc and vacated the earlier, October 22, 2013, opinion. The information below still deals with the vacated opinion.
Predictive Coding Session at the Lancaster Bar Association
On 15 October 2013, attorney Shannon Brown presented a CLE entitled An Introduction to Predictive Coding, TAR, and Emerging eDiscovery at the Lancaster Bar Association’s 2013 Bench Bar Conference. The well-attended event covered general issues increasingly facing attorneys involved in eDiscovery (and normal law practice): getting a grasp on the…
Presentation on eDiscovery for Small Law Firms
On September 25, 2013, Attorney Shannon Brown presented a CLE on eDiscovery technologies available for small law firms and solo law practices at the Berks County Bar Association’s Solo and Small Firm Conference. The CLE covered the state of the profession relating to emerging eDiscovery technologies with particular focus on eDiscovery options for small law firms.
Attorney Brown Completes Malware Course
Not many lawyers engage in malware analysis and issues. But malware poses a formidable and emerging challenge for companies, businesses, organizations, and individuals who face cybersecurity threats, cybercrime, cyber-espionage, identity theft, and data breaches. Attorney Shannon Brown recently completed a six week, online, graduate-level course in malware entitled Malicious Software and its Underground Economy: Two Sides to Every Story. The course covered current and emerging trends in malware including traditional malware, mobile device malware, and sophisticated malware obfuscation techniques. The course also provided lessons in detecting malware (malare is far more sophisticated than most realize) and decompiling malware using decompilation tools and machine code analysis (Attorney Brown has a significant background in computer programming and systems analysis aiding in this exercise).
Warrant Necessary to Obtain Cell Phone Tracking Data
The New Jersey Supreme Court held that government agents must obtain a warrant, supported by probable cause and issued by a neutral judicial authority, before obtaining cell phone tracking data (unless exceptional, exigent circumstances apply). State vs. Earls, A-53-11 (N.J. Sup. Ct., Jul. 18, 2013)(slip opinion).
Emerging eDiscovery Tools and the New, Technology-Augmented Lawyer
New legal technologies deliver potential solutions to data overload in eDiscovery. Lawyers will need to learn how to use an emerging class of “data analysis technologies”—called predictive coding, Technology Assisted Review (TAR), Computer Assisted Document Analysis (CADA), or legal analytics.
Article Published—Prolorem™ Predictive Coding Project
The Pennsylvania Bar Association’s Young Lawyers Division published Shannon’s article about the Prolorem™ eDi predictive coding eDiscovery software project. The article describes the objectives of the software project for eDiscovery , a brief synopsis of how predictive coding (analytics) works, and why predictive coding…
Machine Learning Technical Presentation
Attorney Shannon Brown delivered a presentation on 06 April 2013 entitled “An Overview of Machine Learning” at BarCamp Harrisburg. The presentation provided basic information about machine learning including
defining machine learning,
distinguishing supervised and unsupervised machine learning,
A Snapshot of Pennsylvania Social Media Cases—Winter 2011
An Overview of the State of Social Media Evidence in Pennsylvania—Winter 2011 Update
The law of social media evidence in Pennsylvania continues to develop. To date, the focus remains on civil matter, discovery issues. Issues of authentication and issues in criminal matters (such as resistance by social media providers citing the Stored Communications Act to defense access to social media for impeachment) remain open.
Attorney Brown Continuing Education
In October, Attorney Brown returns to class by taking three, technology-related, non-credit courses:
Introduction to Machine Learning,
Introduction to Databases, and
Introduction to Artificial Intelligence.
Pennsylvania Case Addresses Authenticating Text Messages
On 16 September 2011, the Pennsylvania Superior Court in Comm. v. Koch, 2011 PA Super 201 (Sept. 16, 2011) (slip-opinion) re-emphasized
“authentication of electronic communications, like documents, requires more than mere confirmation that the number or address belonged to a particular person. Circumstantial evidence, which tends to corroborate the identity of the sender, is required.”
A Snapshot of Social Media Cases in Pennsylvania—Summer 2011
An Overview of the State of Social Media Evidence in Pennsylvania—Summer 2011
Pennsylvania lawyers face obstacles when grappling with social media. While social media, outside the legal field, spread like wildfire, the legal community must address social media within the context of a heavily precedential system—a system that does not necessarily handle the “new” well. Social media in a legal context triggers formidable ethical issues, moral issues, and fairness issues. Nevertheless, social media will remain a potent facet of life for the foreseeable future.
Pennsylvania Court Opinion Implicates Authentication of Social Media Evidence
A recent Commonwealth Court decision, Chapman v. Unemployment Compensation Board of Review 20 A.3d 603 (Pa. Commw. Ct. 2011), illustrates 1) the growing presence of social media evidence and 2) the potential for social media authentication issues in legal matters —including in administrative law matters.[FN1] Authentication of social media evidence is an emerging issue.
Facebook Download Your Information Basics for Lawyers
Original publication, PDF Version at JD Supra
In October 2010, Facebook released a new utility that allows a Facebook user to download the contents of his or her Facebook Member Profile.[FN1] Because Facebook features prominently in many areas of law, lawyers will probably encounter Facebook materials in a matter at some point, and lawyers may need basic familiarity with the current capabilities of the utility (as of March 2011).