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276.42 sec. 001 - Encryption Workarounds (Fall 2019)

Instructor: Orin Kerr  (view instructor's teaching evaluations - degree students only | profile)
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Units: 2


    Tu 3:35 PM - 5:25 PM
    Location: Law 136
    From August 20, 2019
    To November 22, 2019

Course Start: August 20, 2019
Course End: November 22, 2019
Class Number: 33511

Enrollment info:
Enrolled: 17
Waitlisted: 0
Enroll Limit: 18
As of: 04/07 11:14 PM

This seminar considers the legal and practical framework that regulates government efforts to bypass encryption in criminal investigations that involve digital evidence. Imagine the government wants to search a suspect’s cell phone for evidence, but the cell phone is locked. What steps can officers take to unlock the phone? What steps does the law allow, and what steps should it allow? We will study a wide range of possible strategies, including compelled decryption, brute force attacks, undercover ruses, purchasing exploits, provider assistance, and government mandates (either by the United States government, foreign governments, or both). We will look broadly at the policy questions raised by each strategy, including the effects on computer security, federal versus state powers, and the role of encryption in modern life.

Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.

Requirements Satisfaction:

This is an Option 1 class; two Option 1 classes fulfill the J.D. writing requirement.

Exam Notes: (P) Final paper  
Course Category: Intellectual Property and Technology Law
This course is listed in the following sub-categories:
Criminal Law

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A reader will be used in this class.

Instructor has indicated that no books will be assigned.

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