For the Defense - Volume 2, Issue 4 - 2017 - 47

procedure to acquire and use during an investigation. Relying only on CDR data, though, is not
enough anymore. There are many other sources of
hidden data associated not only with your phone,
but with all of the tech you use every day.

IoT Devices, The Cloud,
and The Explosion of Data
It is not just computers and smartphones that
contain data anymore. Right now, try and think
about how many devices in your home have asked
for your WiFi password? The Internet of Things,
also commonly referred to as the IoT is rapidly
expanding. You have not only your television and
security system hooked up to the web, but also
your refrigerator, garage door opener, lights in
the den, your fish tank, and the automatic cat
feeder. These devices store information about
you - dates and times you are home, when you
leave for work in the morning, what brand of milk
you prefer, and why your cat is so fat and lazy. All
of this information can be gathered and used by
a trained digital forensic examiner to help prove
or disprove a defense theory. How could your
client have committed a crime across town if we
can put him in front of his connected washing
machine sixty seconds prior to ordering more
fabric softener through his Amazon Alexa? It is
hidden data like this that is often overlooked and
can make or break even the most well thought out
case theory. In recent years, IoT devices and the
data they store both locally and in the cloud have
become so prevalent that all investigations should
take this data into account along with cell phones
and computers when being forensically preserved
and investigated.
Preserving physical devices is only one part of
the equation though. The cloud often contains
more information than any single device does.
Most investigators who want location data will
go to the cell phone provider directly to get it,
however, the more useful information may be
the cloud account the phone is linked to. Literally,
every single Android device has not only a much
more detailed record of everywhere the user has
gone, but this information persists across multiple
devices and is linked directly to a single user - and

Have an idea
for an article?
For The Defense is accepting abstracts
for upcoming issues from attorneys
and experts on issues of interest to our
over 1000 subscribers of criminal
defense attorneys throughout the
Commonwealth. Article abstracts are
accepted on an ongoing basis. Please
contact pacdl@pacdl.org for more
information.

PACDL

Pennsylvania Association of
Criminal Defense Lawyers

Vol. 2, Issue 4 | For The Defense

47



Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 4 - 2017

Table of Contents
Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
Changes in the DUI Landscape: Acts 33 and 30
Police Misconduct Resulting in Arrest: Weighing the Options
Dying with Dignity: Compassionate Release in Pennsylvania
Amicus Matters
Attorney Discipline
Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 1
For the Defense - Volume 2, Issue 4 - 2017 - 2
For the Defense - Volume 2, Issue 4 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 4 - 2017 - 4
For the Defense - Volume 2, Issue 4 - 2017 - Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
For the Defense - Volume 2, Issue 4 - 2017 - 6
For the Defense - Volume 2, Issue 4 - 2017 - 7
For the Defense - Volume 2, Issue 4 - 2017 - 8
For the Defense - Volume 2, Issue 4 - 2017 - 9
For the Defense - Volume 2, Issue 4 - 2017 - 10
For the Defense - Volume 2, Issue 4 - 2017 - United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
For the Defense - Volume 2, Issue 4 - 2017 - 12
For the Defense - Volume 2, Issue 4 - 2017 - 13
For the Defense - Volume 2, Issue 4 - 2017 - 14
For the Defense - Volume 2, Issue 4 - 2017 - 15
For the Defense - Volume 2, Issue 4 - 2017 - 16
For the Defense - Volume 2, Issue 4 - 2017 - 17
For the Defense - Volume 2, Issue 4 - 2017 - Changes in the DUI Landscape: Acts 33 and 30
For the Defense - Volume 2, Issue 4 - 2017 - 19
For the Defense - Volume 2, Issue 4 - 2017 - 20
For the Defense - Volume 2, Issue 4 - 2017 - 21
For the Defense - Volume 2, Issue 4 - 2017 - Police Misconduct Resulting in Arrest: Weighing the Options
For the Defense - Volume 2, Issue 4 - 2017 - 23
For the Defense - Volume 2, Issue 4 - 2017 - 24
For the Defense - Volume 2, Issue 4 - 2017 - 25
For the Defense - Volume 2, Issue 4 - 2017 - 26
For the Defense - Volume 2, Issue 4 - 2017 - 27
For the Defense - Volume 2, Issue 4 - 2017 - 28
For the Defense - Volume 2, Issue 4 - 2017 - Dying with Dignity: Compassionate Release in Pennsylvania
For the Defense - Volume 2, Issue 4 - 2017 - 30
For the Defense - Volume 2, Issue 4 - 2017 - 31
For the Defense - Volume 2, Issue 4 - 2017 - 32
For the Defense - Volume 2, Issue 4 - 2017 - 33
For the Defense - Volume 2, Issue 4 - 2017 - 34
For the Defense - Volume 2, Issue 4 - 2017 - Amicus Matters
For the Defense - Volume 2, Issue 4 - 2017 - 36
For the Defense - Volume 2, Issue 4 - 2017 - 37
For the Defense - Volume 2, Issue 4 - 2017 - 38
For the Defense - Volume 2, Issue 4 - 2017 - 39
For the Defense - Volume 2, Issue 4 - 2017 - Attorney Discipline
For the Defense - Volume 2, Issue 4 - 2017 - 41
For the Defense - Volume 2, Issue 4 - 2017 - 42
For the Defense - Volume 2, Issue 4 - 2017 - 43
For the Defense - Volume 2, Issue 4 - 2017 - Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 45
For the Defense - Volume 2, Issue 4 - 2017 - 46
For the Defense - Volume 2, Issue 4 - 2017 - 47
For the Defense - Volume 2, Issue 4 - 2017 - 48
For the Defense - Volume 2, Issue 4 - 2017 - 49
For the Defense - Volume 2, Issue 4 - 2017 - 50
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