Electronic Information in Criminal Investigations and Proceedings

American Bar Association (New York, NY)

1.13.20

Partner Jay Shapiro will participate in a panel discussion of the Fourth Amendment and analogous state constitutional protections to electronic information. The distinguished panel – which includes, among others, a retired U.S. Magistrate Judge from the U.S. District Court for the Southern District of New York, and the Chief, Cybercrime and Identity Theft Bureau from the NY County District Attorney's Office – will provide a brief overview on what you need to know about the issues related to electronic information in criminal investigations and proceedings.

The panel will explore:

• How the Warrant Requirement of the Fourth Amendment and analogous state constitutions will apply to the seizure and search of electronic information.
• Whether the Fifth Amendment privilege against self-incrimination may bar compelled disclosure of biometric identifiers or passwords.
• What might be limitations on the transnational disclosure of electronic information.

Panelists

• Elizabeth Jane Roper
• Emma M. Greenwood
• James C. Francis IV
• Jay Shapiro
• Kenneth J. Withers