Digital Forensics

When the modern revolution in digital data collection meets time-honored constitutional traditions and long-established evidentiary rules, how will our courts adjust? This course seeks answers for that question. It will first introduce students to the constitutional parameters and evidentiary limitations that apply to the introduction of digital evidence in both civil and criminal courtrooms. It will then examine emerging topics in the creation and collection of digital evidence. Class meetings will focus on the evidentiary and constitutional ramifications of a variety of modern technologies, including smart devices for individual use, social media technologies, artificial intelligence, and data aggregation and analytical methods employed by government bodies and technology giants. The course examines the parties that might use the deluge of data, in both civil and criminal litigation, and ethical questions raised by the introduction and collection of such data in the legal field