Reflections on Law and Technology
Q&A with John Facciola, retired magistrate judge.
In this National Law Journal article, Zoe Tillman reports on the Journal’s interview with the “Italian Stallion of E-Discovery,” retired Magistrate Judge John Facciola. In the session, the Judge addressed the need for judges to become “technologically adept and understand an intricate technology” and suggests that one way to do that is for judges to use the technology themselves. The author notes that the Judge suggests that the problem lies and with Congress and its failure to address amending of the Stored Communications Act of 1986 and the definitions contained therein which may no longer relate to “the multiplicities of technologies coming out.” The Judge also addressed his concerns regarding the scope of electronic search requests by federal prosecutors and offers guidance on how the scope of these requests could be made to “square” with the Fourth Amendment. The author notes that the Judge discussed the basis for his decision to address complex issues in his opinions, and his belief that “judges owe a debt to the development of the case law. That stimulates discussion, it stimulates law review activity, it stimulates people thinking about these issues and talking about them.” In conclusion, the article notes that the Judge stressed the need to impress on lawyers the need to keep abreast of information beyond their fields.