DueProcess FirstAmendment HabeasCorpus
Whether Cellebrite forensic data requires expert testimony
QUESTIONS PRESENTED 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the evidence must be presented in a federal trial by a qualified expert, as the Fourth and Sixth Circuits have held, or whether it may be presented as lay testimony and not subject to strict reliability standards, as the Second and Ninth Circuits have held? 2. Whether 18 U.S.C. § 2251, which prohibits persuading a minor to engage in sexual conduct in order to produce a visual depiction of that conduct, requires the government to prove that the defendant was aware that he was dealing with a minor, in light of the fact that the Internet permits people to interact anonymously and without ever meeting face-to-face, so the risk of mistaken identity is high? pretix