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NACDL free live webinar: Surveilled Without a Trace – Challenging Digital Evidence Obtained Through RoundUp and Torrential Downpour in Criminal Cases

Training Date: August 11, 2020
NOTE: This training is now over.
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Prosecutors are employing novel and unproven surveillance software to investigate peer-to-peer file-sharing networks for criminal activity, seeking to link suspicious activity with internet IP addresses and subscriber information. The software suite, known as “RoundUp,” includes applications designed to monitor popular file-sharing platforms such as BitTorrent (e.g., “Torrential Downpour”) to conduct highly-intrusive digital surveillance. How can defense lawyers recognize the use of RoundUp or similar programs in a criminal case? This webinar will discuss the technological background of peer-to-peer detection tools, while guiding the criminal defense bar through effective procedural and constitutional arguments that could warrant suppression of evidence.
This webinar will feature Mohammad Hamoudi, Assistant Federal Defender for the Western District of Washington, Jeff Fischbach, founder and President of SecondWave Information Systems, and Robert Herz, the owner of the Law Offices of Robert Herz, P.C.

LOCATION: Online LIVE Web Training
DATE: Tuesday, August 11, 2020
TIME: 1:30pm – 3:00pm EST
COST: FREE (for NACDL members and non-members)

FACULTY

  • Mohammad Ali Hamoudi began his legal career as a solo practitioner in San Francisco in 2010. In California, he served on the board of governors of the California Attorneys for Criminal Justice. In 2014, he was hired as an Assistant Federal Defender in Seattle, where he has worked on trials and appellate cases, including capital and non-capital habeas matters. He frequently argues motions in federal court in the Western District of Washington. He is admitted to practice in Washington and California. Currently he is on the membership committee for the Federal Bar Association and is a regional delegate for the National Association of Criminal Defense Lawyers. He previously taught criminal procedure at San Francisco Law School at Alliant International University and worked on federal capital cases in Iowa, New Mexico, and Idaho.
     
  • Jeff Fischbach is founder and President of SecondWave Information Systems, a technology consulting firm specializing in information systems and technology integration. Since 1994, he has served as a technology advisor to numerous professional organizations and corporations. Mr. Fischbach has been engaged as a litigation consultant and Forensic Examiner, offering expert advice and oversight on matters involving intellectual property, computers, information systems, satellite and communications technologies. He has advised law enforcement, foreign government representatives, judges, lawyers and the press. In addition to his work at SecondWave, Mr. Fischbach currently serves on several professional boards in advisory positions.
     
  • Robert Herz is the owner of the Law Offices of Robert Herz, P.C. located in Anchorage, Alaska Robert Herz is the owner of the Law Offices of Robert Herz, P.C. located in Anchorage, Alaska and Denver, Colorado. Mr. Herz represents private clients in Alaska statewide in state and federal courts, and maintains a federal indigent defense practice in Colorado. His law practice focuses on criminal defense in federal court. In his over 30 years of practice Mr. Herz has tried numerous serious felony and misdemeanor cases. Mr. Herz received his B.S. with honors from the University of California and his J.D. from the University of Oregon. Following law school, he clerked for the Honorable Thomas E. Schulz, Superior Court Judge for the State of Alaska. Mr. Herz was the Supervising Attorney for the Palmer office of the Alaska Public Defender Agency, the third largest public defender office in Alaska for nearly eight years. In that capacity he trained many new lawyers in trial advocacy. Mr. Herz is a life member of the National Association of Criminal Defense Lawyers, a founding member of the Alaska Association of Criminal Defense Lawyers, formerly served as Vice President–Criminal and as a member of the Board of Directors for the Alaska Academy of Trial Lawyers, and presently is appointed to his third consecutive three year term by the Chief Justice of the Alaska Supreme Court to serve on the Criminal Rules Committee for the Alaska Court System and was formerly appointed by the Chief Judge of the Federal District Court for two consecutive three year terms to the District of Alaska Criminal Justice Act (CJA) Advisory Committee.  Mr. Herz was a member of the Alaska CJA Panel for 16 years and presently is a member of the Colorado CJA Panel.