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Mark Eckenwiler

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Senior Counsel

Mark Eckenwiler is senior counsel with the firm’s Privacy & Security practice. A former federal prosecutor, Mark focuses on electronic privacy law, civil and criminal liability for online conduct, investigations, computer intrusions, and service provider interactions with law enforcement. He has counseled companies on issues involving user location data and customer communications privacy, and he has extensive experience working closely with online and wireless service providers.

For 16 years before joining Perkins Coie, Mark served as the Justice Department’s primary authority on federal electronic surveillance law, including the Wiretap Act (Title III), the pen register/trap and trace statute, the Electronic Communications Privacy Act of 1986, and CALEA. Most recently, he was the Associate Director for Technology with the Office of Enforcement Operations in the Justice Department’s Criminal Division, where he oversaw all federal applications for Internet communications surveillance orders. His responsibilities also included developing department-wide guidance and policy for sensitive investigative techniques and emerging technology issues, especially those concerning GPS tracking and wireless location data. In that capacity, Mark successfully argued and/or briefed several groundbreaking federal appellate cases, including United States v. Skinner (6th Cir. 2012) and In re Application of the United States (3d Cir. 2010). For his outstanding work in this area, the Criminal Division awarded Mark a special commendation in 2007, as well as the Assistant Attorney General’s Award for Distinguished Service in 2012.

Mark also served as Deputy Chief in the Justice Department’s Computer Crime & Intellectual Property Section (CCIPS), where he supervised a wide range of activities, including complex online criminal investigations, legislative initiatives, and policymaking on electronic privacy and surveillance issues. During his nine years in CCIPS, Mark provided guidance to federal prosecutors nationwide on the Computer Fraud and Abuse Act and Title III. His amicus curiae brief for the department in Konop v. Hawaiian Airlines led a panel of the Ninth Circuit to vacate its prior opinion and reverse its position on a novel question arising under the Wiretap Act. In 2002, Mark received the Exceptional Service Award – the Justice Department’s highest honor – for his work on federal computer intrusion and electronic surveillance legislation.

As the organizer and an instructor for the Justice Department’s basic cybercrime course and its advanced course for computer crime prosecutors, Mark was responsible for training hundreds of Assistant U.S. Attorneys nationwide. In 2001, the Executive Office for U.S. Attorneys recognized his contributions with the Director’s Appreciation Award. As a result of his detailed knowledge on computer search, seizure, and forensic examination, Mark served for three years on the National Steering Committee of the FBI’s Regional Computer Forensic Labs.

Mark is also a former Jeopardy! champion (2005).

Clerkships

  • Hon. I. Leo Glasser, U.S. District Court for the Eastern District of New York

Education

  • New York University School of Law, J.D., cum laude, Orison Marden Prize (Appellate Advocacy), 1991
    Editor, NYU Law Review
  • Boston University, M.A., Classical Studies, 1986
  • Harvard College, A.B., History & Literature, cum laude, 1982

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois