Welcome!

Agile Computing Authors: Suresh Sambandam, Richard Hale, Liz McMillan, Elizabeth White, Dana Gardner

News Feed Item

The Tracking Clash: The Judicial, Legislative and Executive Branches Grapple with U.S. v. Jones and the Use of Geolocation and Biometric Tracking Panel Discussion Held November 15, 2012 from 5:00 pm to 6:30 pm at the National Press Club in Washington, DC

BALTIMORE, Nov. 8, 2012 /PRNewswire/ -- The Supreme Court has recently unanimously held that law enforcement's warrantless attachment of a GPS device to a car and subsequent warrantless use of the device to track the vehicle constituted an unlawful search in violation of the Fourth Amendment. Its decision in United States v. Jones fundamentally changed the legal landscape for government use of GPS tracking devices.

(Photo:  http://photos.prnewswire.com/prnh/20121108/PH09078 )

As part of the Catholic University of America Columbus School of Law this symposia will discuss the ramifications of the United States v. Jones. The symposia will be held at 
the National Press Club 
529 14th Street, NW 13th Floor 
Washington, DC 20045. Admission is free but advance
 registration is required. Attendees can register online at http://www.law.edu/studentlife/nationalpressclub.cfm. The symposia is presented by Anne T. McKenna, Chair, SilverMcKenna, 
The Internet and Privacy Law Practice Group of Silverman|Thompson|Slutkin|White|LLC; 
Adjunct Professor, The Catholic University of America.

Ms. McKenna explains that Jones, however, is not just about the Fourth Amendment and GPS devices. Three justices also questioned the feasibility of privacy law based upon the reasonable expectation of a privacy test in the face of pervasive private industry and government GPS tracking. The justices' concern underscores a looming conflict: the United States lacks a comprehensive approach to privacy and tracking policies and has failed to pass a technologically adaptive privacy and tracking legislative scheme.

The Supreme Court's ruling clashes with federal, state and local law enforcement GPS-tracking practices. Congress seeks to remedy the disconnect between the courts, the law, and both private and public-sector entities' use of tracking technologies via several proposed bills in the House and the Senate that would specifically target and regulate location privacy. Four experts from academia, private practice,and Congress will explore the conflict between case law, statutory law, and law enforcement practice. They will discuss feasible legislative and judicial solutions that preserve constitutional liberties while enabling the government to use available technology to protect our people and institutions.

Panelists
Janet C. Fisher, General Counsel, House Permanent Select Committee on Intelligence, will consider proposed legislation that seeks to address tracking and privacy. Fisher holds a Top Secret/Sensitive Compartmented Information Access security clearance and handles legislative and legal matters related to the Foreign Intelligence Surveillance Act (FISA), cyber security, emerging technologies, and intelligence program authorizations. Fisher served with the Department of Justice's National Security Division from 2006-2011, where her duties included counterterrorism cases before the Foreign Intelligence Surveillance Court, as well as emerging technologies, and matters before Congress. Prior to government service, Fisher practiced with Williams & Connolly LLP and was a judicial clerk to the Honorable Richard W. Roberts, U.S. District Court for the District of Columbia. She received her B.S. in Industrial and Labor Relations from Cornell University and her J.D. from Harvard Law School.



Clifford S. Fishman, Professor of Law, The Catholic University of America Columbus School of Law, will highlight the existing statutory and Constitutional case law framework upon which the Jones tracking decision was based. Professor Fishman served for eight years as an assistant district attorney in the New York County District Attorney's Office and as chief investigating assistant district attorney in New York City's Special Narcotics Prosecutor's Office. He teaches criminal law, criminal procedure and evidence at the Columbus School of Law and is the co-author of Wiretapping and Eavesdropping; Surveillance in the Internet Age, 3d ed. with his co-author, Anne T. McKenna, along with numerous scholarly articles about various aspects of search and seizure, electronic surveillance, and evidence.

Anne T. McKenna, Partner, Silverman|Thompson|Slutkin|White|LLC, Chair of STSW's Internet and Privacy Law Practice Group, SilverMcKenna, and Adjunct Professor, The Catholic University of America, will consider government and private industry's use of tracking technology with GPS-based and biometric-based tracking. For two decades, McKenna has handled complex civil litigation and Internet, cellular and computer-related legal matters for businesses, educational and institutional clients, and individuals. As a litigator and co-author of the treatises Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., and Jones on Evidence, 7th Ed., McKenna is one of the nation's leading and most-cited experts in Internet, computer and cellular electronic surveillance law and privacy law. McKenna consults with federal and state law enforcement regarding computer searches, cellular technology, cellular and GPS tracking, and related legislation. As an Adjunct Faculty member, McKenna teaches about privacy, surveillance, and media law. McKenna is frequently interviewed by and consults with media outlets including FOX News about privacy, tracking, Social Media, biometrics, and Fourth Amendment issues. 



Kannon K. Shanmugam, Partner, Williams & Connolly LLP and former law clerk to Supreme Court Justice Antonin Scalia, will consider the judicial branch's potential response to these proposed bills and electronic tracking. Shanmugam focuses on Supreme Court and appellate litigation for Williams & Connolly and has argued 12 cases before the Supreme Court—more than any other lawyer in the firm's history except its legendary founder, Edward Bennett Williams. Shanmugam received his A.B. summa cum laude from Harvard College in 1993; his M. Litt. from the University of Oxford, where he was a Marshall Scholar; and his J.D. magna cum laude from Harvard Law School, where he was executive editor of the Harvard Law Review. Shanmugam has also served as law clerk to Judge J. Michael Luttig, United States Court of Appeals for the Fourth Circuit.

Moderator
Hon. Joseph F. Murphy, Jr., retired from Maryland's Court of Appeals in 2011 and now heads the Alternative Dispute Resolution practice of Silverman, Thompson, Slutkin & White, LLC. Before his 1984 appointment to the Circuit Court for Baltimore County, Judge Murphy practiced law as a Legal Aid staff attorney, an Assistant State's Attorney for Baltimore City, the Deputy State's Attorney for Baltimore City, and a partner in the Towson-based law firm of White & Murphy. He was appointed to the Court of Special Appeals in 1993 and became its Chief Judge three years later, a position he retained until his 2007 appointment to the Court of Appeals. He is the author of the Maryland Evidence Handbook, teaches Evidence at the University of Baltimore Law School, and teaches Trial Practice at the University of Maryland Law School.

About Silverman, Thompson, Slutkin & White
STSW is a national law firm of renowned, veteran trial and appellate attorneys handling all aspects of civil and criminal litigation in state and federal courts, administrative law, business law, regulatory compliance, and Internet and privacy law. We help our clients identify, avoid and resolve a broad range of local, state, federal and international legal issues. For more information about the depth and breadth of their services, please visit http://www.mdattorney.com

SOURCE Silverman, Thompson, Slutkin & White

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

@ThingsExpo Stories
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
SYS-CON Events announced today that LeaseWeb USA, a cloud Infrastructure-as-a-Service (IaaS) provider, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. LeaseWeb is one of the world's largest hosting brands. The company helps customers define, develop and deploy IT infrastructure tailored to their exact business needs, by combining various kinds cloud solutions.
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC’s core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
ReadyTalk has expanded the capabilities of the FoxDen collaboration platform announced late last year to include FoxDen Connect, an in-room video collaboration experience that launches with a single touch. With FoxDen Connect, users can now not only engage in HD video conferencing between iOS and Android mobile devices or Chrome browsers, but also set up in-person meeting rooms for video interactions. A host’s mobile device automatically recognizes the presence of a meeting room via beacon tech...
It’s 2016: buildings are smart, connected and the IoT is fundamentally altering how control and operating systems work and speak to each other. Platforms across the enterprise are networked via inexpensive sensors to collect massive amounts of data for analytics, information management, and insights that can be used to continuously improve operations. In his session at @ThingsExpo, Brian Chemel, Co-Founder and CTO of Digital Lumens, will explore: The benefits sensor-networked systems bring to ...
On Dice.com, the number of job postings asking for skill in Amazon Web Services increased 76 percent between June 2015 and June 2016. Salesforce.com saw its own skill mentions increase 37 percent, while DevOps and Cloud rose 35 percent and 28 percent, respectively. Even as they expand their presence in the cloud, companies are also looking for tech professionals who can manage projects, crunch data, and figure out how to make systems run more autonomously. Mentions of ‘data science’ as a skill ...
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, discussed how leveraging the Industrial Internet a...
Amazon has gradually rolled out parts of its IoT offerings in the last year, but these are just the tip of the iceberg. In addition to optimizing their back-end AWS offerings, Amazon is laying the ground work to be a major force in IoT – especially in the connected home and office. Amazon is extending its reach by building on its dominant Cloud IoT platform, its Dash Button strategy, recently announced Replenishment Services, the Echo/Alexa voice recognition control platform, the 6-7 strategic...
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
There will be new vendors providing applications, middleware, and connected devices to support the thriving IoT ecosystem. This essentially means that electronic device manufacturers will also be in the software business. Many will be new to building embedded software or robust software. This creates an increased importance on software quality, particularly within the Industrial Internet of Things where business-critical applications are becoming dependent on products controlled by software. Qua...
Big Data, cloud, analytics, contextual information, wearable tech, sensors, mobility, and WebRTC: together, these advances have created a perfect storm of technologies that are disrupting and transforming classic communications models and ecosystems. In his session at @ThingsExpo, Erik Perotti, Senior Manager of New Ventures on Plantronics’ Innovation team, provided an overview of this technological shift, including associated business and consumer communications impacts, and opportunities it ...
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
IoT is rapidly changing the way enterprises are using data to improve business decision-making. In order to derive business value, organizations must unlock insights from the data gathered and then act on these. In their session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, and Peter Shashkin, Head of Development Department at EastBanc Technologies, discussed how one organization leveraged IoT, cloud technology and data analysis to improve customer experiences and effi...
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, demonstrated how to move beyond today's coding paradigm and shared the must-have mindsets for removing complexity from the develo...
SYS-CON Events announced today that MangoApps will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. MangoApps provides modern company intranets and team collaboration software, allowing workers to stay connected and productive from anywhere in the world and from any device.
The IETF draft standard for M2M certificates is a security solution specifically designed for the demanding needs of IoT/M2M applications. In his session at @ThingsExpo, Brian Romansky, VP of Strategic Technology at TrustPoint Innovation, explained how M2M certificates can efficiently enable confidentiality, integrity, and authenticity on highly constrained devices.
“delaPlex Software provides software outsourcing services. We have a hybrid model where we have onshore developers and project managers that we can place anywhere in the U.S. or in Europe,” explained Manish Sachdeva, CEO at delaPlex Software, in this SYS-CON.tv interview at @ThingsExpo, held June 7-9, 2016, at the Javits Center in New York City, NY.
The IoT is changing the way enterprises conduct business. In his session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, discussed how businesses can gain an edge over competitors by empowering consumers to take control through IoT. He cited examples such as a Washington, D.C.-based sports club that leveraged IoT and the cloud to develop a comprehensive booking system. He also highlighted how IoT can revitalize and restore outdated business models, making them profitable ...