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Data makes the world go round. Now more than ever, routine police work depends on the collection and analysis of digital information. Law enforcement agencies possess vast sums of intel on who we are, where we go, and what we do. The proliferation of digital technology has transformed federal criminal procedure—from how police investigate crimes to how prosecutors prove them at trial. Courts and commentators have written much about the first part, but less so about the second. Together, they represent two sides of the same problem: constitutional doctrine lagging behind new technology, leading to suboptimal constraints on law enforcement conduct.

This Note explores the effects of digital technology on the nature and scope of federal prosecutors’ disclosure obligations under Brady v. Maryland. As police pass along more data to prosecutors—usually terabytes at a time—prosecutors face the difficult task of sifting through mountains of evidence to determine what is exculpatory or otherwise favorable to the defense. Often, prosecutors turn over their entire case file, knowing full well that defense counsel will fare no better. This state of affairs puts our adversarial system on shaky ground. This Note urges district courts to exercise greater oversight of the discovery process, requiring prosecutors to take reasonable precautions so exculpatory evidence comes to light.