Lawful Access: Issues and Challenges for Universities

This presentation will focus on the discrete types of legal process or demands that universities are likely to see from law enforcement and civil parties; the types of situations when such demands are likely to present legal issues; the legal requirements for responding; and the potential pitfalls associated with responding to such demands. In addition, we will discuss additional considerations that should be taken into account when responding to legal process, such as privacy, academic freedom, and free speech. This presentation will offer an overview of the legal landscape related to subpoena response and a forecast on how it is likely to evolve in coming months as a result of ongoing litigation, including the Warshak case, and proposed legislation relating to data retention, CALEA, and ECPA reform. Attendees will come away with specific practical tips designed to ease friction with law enforcement while protecting user privacy.