The Challenges of Digital Evidence
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 8 August 2018
⏱️ 44 minutes
🧾️ Download transcript
Summary
Encryption usually takes center stage in debates over digital evidence, and the sensitivities around the issue often halt discussions before reaching practical solutions. But on July 25, the Center for Strategic and International Studies unveiled a new report detailing solutions to other, less-fraught challenges that digital evidence presents to federal law enforcement. The launch event featured a panel discussion moderated by Jen Daskal, with an ensemble cast of law enforcement experts, including Lawfare contributing editor David Kris, David Bitkower, Ethan Arenson, Jane Horvath, and Michael Sachs. They talked about the challenges faced by law enforcement in accessing and utilizing digital evidence, the civil liberties and privacy concerns digital evidence provokes, and the role of Internet Service Providers in any new legal or policy framework.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair. |
| 0:14.7 | That's patreon.com slash LawFair. |
| 0:18.2 | Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. |
| 0:33.8 | I think today right now we've seen a growing trend of dependence of government on providers |
| 0:41.1 | and moving away from the old days of more self-help surveillance. |
| 0:45.9 | And that's principally because you have to get the data from the providers. |
| 0:50.5 | Packet switch networks make it very tough to intercept in the middle because the packets |
| 0:54.0 | dispersion only converge at the end and the profusion of providers and protocols and |
| 0:58.9 | platforms also make it increasingly difficult for the government. |
| 1:02.6 | So you see in some legal innovations like 702 of the Pfizer Amendments Act only applies |
| 1:08.6 | when the government is collecting with the assistance of a provider. |
| 1:13.6 | So it's clearly more and more important that the government be able to get the information |
| 1:18.8 | from providers and there's a greater interdependence between them. |
| 1:25.3 | I'm Mikhail Afogal and this is the LawFair podcast August 7, 2018. |
| 1:32.7 | Encryption usually takes center stage in debates over digital evidence and the sensitivities |
| 1:37.5 | around the issue often halt discussions before reaching practical solutions. |
| 1:42.3 | But on July 25th the Center for Strategic and International Studies unveiled a new report |
| 1:47.5 | detailing solutions to other less fraught challenges that digital evidence presents to federal |
| 1:52.4 | law enforcement. |
| 1:53.6 | The launch event featured a panel discussion moderated by Jen Daskel with an ensemble |
... |
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