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Joseph F. Rice School of Law

Fall 2020

The fall series started on September 2 with “CyberSecurity in Elections” and then focused on how Artificial Intelligence affects the law. Please see below for descriptions of the fall series seminars. If you could not attend the Fall LegalTech Series CLE Seminars live online, we also have alternate delivery recordings of those online seminars for CLE credit. Each online alternate delivery recording is $35.

For the Fall 2020 semester, these free one hour CLE live seminars were held online on the following Wednesdays from 8:00 – 9:00 AM. 

Cybersecurity for Elections

September 2, 2020 — Duncan Buell, NCR Professor of Computer Science and Engineering, University of South Carolina and Member, Board of Voter Registration and Elections, Richland County

Willie Sutton is apocryphally quoted as saying that he robbed banks “because that’s where the money is”.  In the 21st century, things of value are almost more likely to exist on computers than anywhere else, and securing computer systems is thus crucial to financial and political stability.  This is perhaps nowhere more important than in American elections; one can hardly imagine a more important target than the election of November 2020.

Given that the data used in elections and resulting from elections is stored on computers, the security and integrity of that data is a high priority.  Officials repeatedly assert that election systems are not connected to the internet; these assertions have, in jurisdictions across the United States, repeatedly been shown to be false.  In this talk we will trace the paths that election data take in configuring an election and producing its results, and we will describe the vulnerabilities that exist that thus require proper security measures.  We emphasize that our experience has been that election officials are sincere and well-meaning, but that election computer security is difficult and is especially so given the demand for security professionals, the salary constraints on government employees, and the localized nature of American elections. 

Duncan A. Buell received the Ph. D. degree in 1976 in mathematics from the University of Illinois at Chicago.  He was an assistant and associate professor in the Department of Computer Science at Louisiana State University.  From 1986 to 2000 he worked on high performance computing and computational mathematics at the Institute for Defense Analyses in support of the National Security Agency, and in 1997 he was part of a team that received a Meritorious Unit Citation from Director of Central Intelligence George Tenet for “a stunning achievement” that required the largest single computation ever made in the US intelligence community.  He joined the University of South Carolina in October 2000 as a professor and served nine years as chair of the Department of Computer Science and Engineering and a year as interim dean of the college.  He has research interests in electronic voting, digital humanities, text analysis, and computer science education.  He was appointed in March 2019 to the Board of Voter Registration and Elections of Richland County, South Carolina.

  • 1 hour CLE credit  (207462ADO)

Drones and Privacy – Seeking a Model for Understanding Novel Technologies

September 16, 2020 — David Sella-Villa, Esq., Assistant General Counsel, South Carolina Department of Administration

Aerial drones are an exciting technology that stirs strong emotions. For both governmental and private purposes, drones equipped with cameras shrink nearly all the barriers that keep the sky the exclusive territory of manned aircraft, birds, and insects. These elevated perspectives offer a unique vantage point that also raises privacy concerns. Understanding the privacy impact of drones requires a multifaceted legal and technological analysis. This analysis can be applied other novel technologies as well.

As a starting point, it is important to understand the features of drones that distinguish them from other similar technologies. Even with these differences, the privacy jurisprudence for aircraft (Ciraolo), helicopters (Florida v. Riley), and imaging devices that look through walls (Kyllo) does little to limit drone operations. In short – drones have a very limited impact on privacy under U.S law.

This conclusion, though, does little to address the psychological impact of drones. Who is flying it? What do are they looking at? Why is the drone there? Can I shoot it down? Pushing past the privacy jurisprudence, some state and local laws have attempted to provide legal answers to these types of questions. By tracking the data that comes from drones – the drone data lifecycle – a fuller picture of the privacy impact of drones emerges. Data, though, tends to inspire more muted emotional responses.

Analyzing the drone data lifecycle reveals that drone data implicates numerous fields of law, including FAA regulations, FCC rules, property rights, land use, federal preemption, evidence, and even social media terms of service. By working through these issues as well, the privacy impact of drones can more fully understood. With this kind of understanding, we can find better ways to manage the use of drones, and by analogy, other novel technologies.

David Sella-Villa is an Assistant General Counsel for the South Carolina Department of Administration assigned to technology issues.  He works on procurement and policy matters related to privacy, security, service consolidation, and data management.  He holds the IAPP’s CIPP/US & CIPP/E privacy certifications and the GIAC’s GLEG data security certification. He is also a member of the SC Interagency Drone Users Consortium.

Prior to joining the Department of Administration, David worked as General Counsel for a private aviation company.  He earned his law degree from the College of William & Mary, where he continues to serve as Adjunct Faculty.  He also has degrees from the London School of Economics and West Virginia University.  His interest in legal issues related to drones blends his current work on privacy & technology with his prior experience in the world of aviation.

  • 1 Hour CLE credit (208505ADO)

Enhanced Intelligence: AI and Your Legal Analysis

September 30, 2020 — Mallory Maier-Acheson, Head of Legal Analytics, Nelson Mullins

The accelerated adoption and development of legal technology presents attorneys with the opportunity to enhance legal analysis and compliance issues with greater speed, accuracy, and cost savings.  With a focus on the increasing attention towards data privacy and the growing volume and formats of electronic discovery requests, we will touch on a variety of technology-based strategies to assist with information governance, privacy compliance, early case assessment, litigation strategy, and discovery review challenges. 

  • 1 hour CLE credit  (207943ADO)

Legal Moneyball: Maps to Smarter Legal Services for Clients

October 14, 2020 — Edward J. Walters, Chief Executive Officer, Fastcase

Data analytics seems like a tool for large firms with data scientists and geeks — but data analytics are really just reports of what has happened. They are like maps for litigation. Data analytics don’t have to be intimidating, and in fact, understanding data can level the playing field in litigation, helping small firms to harness the kinds of resources that large firms do. In this session, Fastcase CEO Ed Walters (and editor of the book Data-Driven Law) will give an introduction to data analytics — what they are, and how to use analytics to make better strategic decisions and to win more cases.

  • 1 hour CLE credit  (208333ADO)

The Digital Transformation of Legal

October 28, 2020 — Jason Smith, Managing Director, Elevate Services

Artificial Intelligence is an often-used term, but what does it really entail?  The truth is, it's 95% hype.  But the 5% that's not is changing the way legal professionals work.  While the law may not change dramatically, the operating landscape of legal is. 

Technology competence for lawyers is no longer a nice-to-have.  As of today, 38 states have a Duty of Technology Competence in their Rules of Professional Conduct.  It began in 2012, when the ABA formally approved a change to the Model Rules.  This duty is now firmly embedded in the conversation around legal technology.   As the law becomes more embedded in technology, the technology becomes less about back-office plumbing and more about delivering legal services in a revolutionary way.  But "revolutionary" soon becomes standard and the cycle continues.  This presentation will talk about that cycle — where it's been, where it is, and where it's headed.

  • 1 hour CLE credit  (209407ADO)

Challenge the conventional. Create the exceptional. No Limits.