Season 5, Episode 4: The Information Imbalance: How privacy laws are tipping the scales of justice against defendants.

In Dialectic
March 31, 2020
2 Min read
March 10, 2020
In this episode, we sit down with Professor Rebecca Wexler to discuss the intersection of privacy laws and the criminal justice system. States around the country are adopting new, stricter privacy laws, in response to a growing awareness of just how much personal and important data companies are keeping about consumers, and how vulnerable that data is. But those privacy laws have flaws that are significantly impacting our criminal justice system, and our ability to provide fair trials.

 

Hosted by: Zach Morris and Jeremy Weese
Produced by: Chris McGill
Music provided by: Soleternity.

Show This Episode's Bluebook Citation

The Information Imbalance: How privacy laws are tipping the scales of justice against defendants, UCLA L. Rev. (March 10 2020), .

Show Note:For those interested, the case we discuss in the episode had a recent update: in mid-February, the appeals court issued an opinion, after Facebook filed for certiorari in the U.S. Supreme Court. The California Court of Appeals avoided the constitutional issues, and instead found that the trial court should have inquired further into whether the defendant could have subpoenaed the relevant communications from other account holders who had communicated with the prosecution witness. You can find the case here.

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By LRIRE March 31, 2020