Will the benefit to law enforcement outweigh the increased risk to the security of data of innocent users?Are the questions proposed for Apple and Google in the Manhattan DA’s report relevant?

Critiquing Proposals That Would Compel Decryption of Data Stored On Computer Devices

As you know from this week’s lecture, there is a proposal in the Senate for a statute (Sources 3- Lawful Access to Encrypted Data Act) which would require companies like Apple to comply with court orders which, in turn, requires these companies to provide law enforcement with data in “intelligible form” if “such data has been made unintelligible by a feature, product or service owned, controlled, created or provided by” the company.

The legislation appears to be designed to address situations where police are authorized to access the contents of particular documents on the phone because: (1) they have a search warrant backed by probable cause; (2) a court has issued a “decryption order” after a judge has determined that ordering the suspect to “decrypt” (e.g. unlock the phone) does not violate the suspect’s 5th Amendment rights; (3) the suspect still refuses to unlock despite the judges order to do so and(4) the phone’s manufacturer (e.g. Apple) says it cannot unlock the phone.

As you probably know, there has been almost universal resistance to efforts by local, state and national law enforcement officials to reach some compromise on the encryption issue. (e.g Sources “3- “Experts – Hands Off Encryption”)

A “report” from the Manhattan DA in November, 2015 is part of the reading for Week 3. This report says, for instance, that in the period between September 17, 2014 and October 1, 2015, the Manhattan DA’s office “was unable to execute approximately 111 search warrants for smartphones because because Apple, which had assisted in the past, now says it is literally unable unlock the phones. The warrants command officers to search for evidence of the crimes of “homicide, attempted murder, sexual abuse of a child, sex trafficking, assault, and robbery.” Manhattan DA Report p.9

Write a paper critiquing the Manhattan DA’s report (including 2016 -2019 “updates”). Does the proposal strike an appropriate balance ? For instance , will the benefit to law enforcement outweigh the increased risk to the security of data of innocent users?Are the questions proposed for Apple and Google in the Manhattan DA’s report relevant? Does the DA’s proposal meet the concerns of the scientists in the MIT paper that I loaded as “Experts Say Hands Off Encryption” (please focus on the relatively brief section on “data at rest”) Sources – 3? Is the Lawful Access to Encrypted Data Act a better solution (Sources 3)? https://www.manhattanda.org/our-work/smartphone-encryption-and-public-safety/

Do problems that Professor Kerr has identified with the current Electronic Communications Privacy Act ring true to you?

Critiquing Professor Kerr’s Proposal For A “Next Generation Computer Privacy Act”

Assignment-2 – Write a paper critiquing Professor Kerr’s proposal for the “Next Generation Communications Privacy Act.” (Sources -4)

The paper should be as long as you feel necessary to make your points.

Kerr makes 4 basic proposals for a new ECPA in the last half of his article. I think the best way to do it would be to summarize Professor Kerr’s proposal , then write your critique below it. Then, summarize another of his proposals and write your critique below etc. And so on…

You all have a unique perspective that most lawyers don’t have. Do problems that Professor Kerr has identified with the current Electronic Communications Privacy Act (ECPA) ring true to you? What about his four basic proposals for a new law?

Should use of FRT from companies such as Clearview AI be barred altogether because their databases are developed through “web-scraping.

What limits, if any, should federal , state, and local governments impose on the use of “facial recognition technology” (FRT) by law enforcement?

For instance, given FRT’s demonstrated accuracy problems – at least three people have been falsely arrested because of faulty FRT identifications- should any use of FRT by law enforcement be barred until the FRT is demonstrably more accurate? Or, should FRT be used only when law enforcement officers have a search warrant, backed by a finding of probable cause? Should there be an exception to any warrant requirement for use of FRT by DHS officers at the borders? Or should DHS officers at least be required to document “reasonable suspicion” when they use FRT at the borders? Should the FRT databases be limited to mugshots of those who have been arrested, or to photos from motor vehicle databases?

Should use of FRT from companies such as Clearview AI be barred altogether because their databases are developed through “web-scraping” (II, below) which allegedly violates state “biometric information privacy laws” and the Federal Computer Fraud and Abuse Act (CFAA)? Would such a bar unlawfully infringe on Clearview’s First Amendment to Free Speech ?

The use of FRT by law enforcement obviously raises important legal and public policy issues. Write a paper (10-15 pages) in which you analyze the issues and explain your view of how FRT use by law enforcement should be regulated.

Slides 11-34 of the Week 7 Lecture -AI and Decision-Making in the Criminal Justice Process- may help get you started in your research. But, use FRT is one of the hottest issues in the law right now (May 2021). New cases, articles and proposed legislation on FRT are appearing regularly.

How are you going to “authenticate” each piece of digital evidence under FRE 901?

The Jacques Affidavit

Rules of Evidence Problem Based on the “Jacques Affidavit” Loaded in Week 6 Module)

Write a memo to the prosecutor handling the case briefly describing the pieces of Electronically Stored Information (ESI)/ digital evidence referred to in the Problem (“Jacques Affidavit”) that tend to prove Jacques’sguilt. Select what you consider to be the three most important pieces of Digital Evidence/ ESI and explain how this evidence could be admitted at trial (i.e. identify the relevant rule(s) and the witnesses who will have to be called to admit this evidence a trial.

There are generally five basic issues that you will have to deal with in demonstrating the digital evidence you select is admissible:

1 Was it legally obtained? (e.g. search warrant? consent? 2703 (d) order

2. Was the evidence you selected “relevant” under FRE 401?

3. What witness(es) are you going to rely on to admit the evidence? (e.g. CF expert) remember that since this is a criminal case (kidnapping) you will not be able to call the defendant “as a person with knowledge” to authenticate. He has a 5th Amendment right to refuse to testify.

4. How are you going to “authenticate” each piece of digital evidence under FRE 901?

5. Even if you are able to “authenticate” the digital evidence you have selected, is it, nonetheless inadmissible because it is hearsay? You will have to consider the definition of “hearsay” under FRE 801 as well as the “exceptions.” (see e.g. FRE 803)

Remember to consider the Week 7 Lecture entitled “Admissibility” on the admitting digital evidence.

* One further note:

When refer to a piece of “digital evidence,”am a referring to a specific email,specific “record”/ metadata (e.g. log on time) or a specific piece of subscriber information (subscriber address).

It would not be Jacques’s laptop,itself. Although Jacques’s laptop contains digital evidence,the laptop is not “digital evidence/ESI.”

So, for instance, one of the three specific pieces of digital evidence you might choose could be:

Email from Juvenile 1 to Raul/ C — “Yes will help out Dad with the tie-down” (sent June 21 (Saturday)

Once you have identified that piece of digital evidence, you would go on to answer the five questions set out

Was this email legally obtained? (e.g. search warrant? consent? 2703 (d) order

Was this email “relevant” under FRE 401? If so, why”

What witness(es) are you going to rely on to admit this email into evidence so that the jury can consider it? (e.g. CF expert) Please remember that since this is a criminal case (kidnapping) you will not be able to call the defendant “as a person with knowledge” to authenticate. He has a 5th Amendment right to refuse to testify.

How are you going to “authenticate” this email under FRE 901?

Even if you are able to “authenticate” this email, is it, nonetheless inadmissible because it is hearsay?

Once you have answered the questions with respect to that first specific piece of digital evidence, you should go on to select a second specific email or record, and answer the five questions with respect to that piece of digital evidence and then go on to the third specific piece of digital evidence.

A member of the class has asked if you should cite to specific rules in your memo to the prosecutor. The answer is “yes.” (The Rules of Evidence are discussed in detail in the Week 6 Lecture on Admissibility.)

You should assume that the investigators in the Jacques case are familiar with, and will follow, the Federal Rules of Evidence (FRE), the Federal Rules of Criminal Procedure (FR Cr P) and the Electronic Communications Privacy Act (ECPA), including the Stored Communications Act (SCA).

If you rely on any of these rules, you should cite to them. So, for instance, if you say the statement in an email of a person who will be charged with kidnapping is not hearsay because it is an “admission.” You should cite FRE 801 (d)(2) (A).

You should cite the appropriate FRE provision for authenticating digital evidence under FRE 901 (e.g. FRE 901(b) (3) or the appropriate provision for self-authentication under FRE 902 (e.g. 902 (13) or (14).

If you say the investigators obtained logs or other “records” from a third-party provider, you should say they obtained an order under 18 USC 2703 (d). If you are claiming that the “records:” are not hearsay because they were generated by a machine -not a person- you should cite FRE 801 (a).

What steps would you take to manage the restaurant during times that you and your co-owners are not present?

You and three of your close friends have discussed plans to open a pizza restaurant with a delivery service. You intend to attract to your business young professionals who live and work near the downtown area and who are healthy and fitness-minded. You and your co-owners agree that each will invest equally in terms of time and money. However, in addition to contributions and “sweat-equity” made by each of you, another $400,000 is essential for the restaurant to succeed.

1. What type of organization is best suited for this business activity?

2. What steps would you take to manage the restaurant during times that you and your co-owners are not present?

3. What liabilities do you and your co-owners face?

Be sure to draft your answers in paragraph form,discussing each question thoroughly.

What steps should you take to discover,in the most accurate and efficient manner,the reasons customers are filing complaints?

Discussion post

As the vice president of sales for Dunder Mifflin, Inc.,a company that manufactures and sells paper to commercial offices, it has come to your attention that there has been an increase in the number of customer complaints concerning your Scranton branch’s service representatives.Of particular importance is the number of complaints that involve claims in excess of thousands of dollars.

Because these large dollar amounts can lead to lawsuits being filed, you want to investigate what is causing the increase in complaints and how Dunder Mifflin can process these complaints to avoid burdensome litigation.

What steps should you take to discover,in the most accurate and efficient manner,the reasons customers are filing complaints?

What is the distinction between mediation and arbitration?

Should Dunder Mifflin’s sales contracts include a clause that requires the parties to attempt resolution of the dispute by mediation? By arbitration? By some other mechanisms?

If Dunder Mifflin’s sales contracts did include a dispute resolution (other than litigation) clause, when can the courts still be used?

Be sure to draft your answers in paragraph form,discussing each question thoroughly.

What types of contracts are acceptable in government contracting.Compare and contrast the various types and provide two examples that demonstrate their necessity and use.

Under FAR Subpart 16.3, Cost Reimbursement Contracts are defined as a type of contract that permits payment of allowable incurred costs to the extent prescribed in the contract. From the discussion preparation, defend or refute the reasonableness in the use of this type of contract by government agencies. Based on your position, recommend a revision that would make use of the contract more reasonable. Then,assess what types of contracts are acceptable in government contracting.Compare and contrast the various types and provide two examples that demonstrate their necessity and use.

Describe how a judge with that perspective would approach the resolution of the legal dispute.

Unit 7 Final Paper

Choose three of the following perspectives, and for each one thoroughly describe how a judge with that perspective would approach the resolution of the legal dispute.

Natural Law

Legal Positivism

Legal Realism

Critical Legal Theory

Discussing both sides of the dispute, explain how the Christian doctrine of Justice, as described in this course, contributes to the resolution of this particular legal dispute, as well as disputes and conflicts in general.

The paper must be formatted as follows:
1. Microsoft Word format
2. 10-12 pages
3. Times New Roman font, 12-point type, double-spaced
4. 1-inch margins
Rationale
The final paper will help students recognize specific theories of justice (which they have learned about in this course) in the context of a factual scenario. This unit will also help them apply the theory to the factual scenario in order to address specific instances of injustice. Finally,it will help them understand the strengths and weaknesses of the theories in order to critique them and suggest improvements.

Discuss defining factors regarding the competitive bidding process and its survival or failure in the health care arena regarding the implementation of Universal Health Care.

Week 3 discussion questions

Respond to the following:

Assess whether competitive bidding has remained a viable alternative to the Patient Protection and Affordable Care Act that was implemented in 2014. Discuss defining factors regarding the competitive bidding process and its survival or failure in the health care arena regarding the implementation of Universal Health Care. Support your position with real-world examples or scenarios.

Respond to my classmates Josette response below :

Competitive bidding is where contractors submit a bid, like seal bidding, with their most reasonable, competitive price in order to win a contract award. The Patient Protection and Affordable Care Act that was implemented in 2014 provides rights and protections to make health care more affordable and understandable (1). Competitive bidding is a viable alternative to the Patient Protection and Affordable Care Act when the suppliers are competing for their product at the most reasonable price possible. Defining factors regarding the competitive bidding process and its survival or failure in the health care arena regarding the implementation of Universal Health Care are that suppliers must submit bid prices in the amount that is willing to be accepted as payment (2). Then the Centers for Medicare and Medicaid Services (CMS) enters a contract with the durable medical equipment (DME) at the price that has been determined by the competitive bid (2). With a set fee schedule the Centers for Medicare and Medicaid Services pays the qualified supplier based on their pricing.Have a relative that was diagnosed with Type 1 diabetes. There are various blood glucose monitors in the market, however only a few are covered by Medicaid. With competitive bidding, all the various blood glucose monitor suppliers will compete to get their product in the market and try to dominate the market that theirs has the best technology and safety. With the Patient Protection and Affordable Care Act making it more affordable, it eliminates the competition between suppliers and overall,they will have a flat price and the government and tax payers will have to pay into the bucket to make it affordable.