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Recap / Law & Order S12 E15 "Access Nation"

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Directed by Constantine Makris

Written by Sean Jablonski & Terri Kopp

Whilst investigating the murder of a psychiatrist named Tracy Conley, Green and Briscoe learn that after she died, a confidential patient file was edited. Virgil Rice, who's a convicted serial rapist, had hacked into her computer and discovered from his file that she planned to report him for breaking the terms of his parole. A data brokerage firm called Access Nation sold him sensitive personal data about the victim; from this, he found out that she was a survivor of rape. He believed she held a grudge against him because he's a convicted rapist, so he killed her. The defence gets vital evidence excluded and the case is dismissed. McCoy is forced to offer a plea deal and then explain to Conley's parents why Rice will serve only ten years in jail for her murder.

Now McCoy wants to prosecute Access Nation, but this means proving they knew Conley would be in danger if they sold Rice her information. Access Nation claim that Rice was background checked but lied on the forms. However, the CEO John McDowell is arrested when an employee reveals that the company knew about Rice's rape conviction. In court, McDowell denies it and plays to the jury's sympathies by saying that Access Nation would help them find out if their neighbor is a terrorist or their babysitter is a pedophile.

In response, McCoy presents copies of McDowell's emails, purchased from a rival company. Months before Rice approached Access Nation, one of McDowell's employees discovered a customer was trying to buy information to help him trace his wife to a domestic violence shelter in violation of a restraining order. After seeking legal advice, McDowell's attorney advised him to stop performing background checks on their customers. He pleads out in Conley's death and his lawyer is advised by the trial judge to get his own lawyer.

This episode contains examples of:

  • Amoral Attorney: McDowell's attorney's irresponsible and ultimately illegal advice to his client to stop performing background checks on his company's clients puts him squarely in this category. His actions lead to Tracy's murder and gives McCoy a solid crime-fraud exception claim to attorney-client privilege when the e-mails between him and McDowell are uncovered.
  • Death Glare: Southerlyn buys a large amount of personal information about McCoy and Lewin from Access Nation in order to prove how intrusive they are. She reels off a list of facts about McCoy that are all privacy violations; then asks if they want to hear Lewin's information too. Lewin responds with one of these.
  • Halfway Plot Switch: The first half of the episode focuses on the investigation into the murder. The second half focuses on Access Nation and whether McDowell can be held legally responsible for Conley's death.
  • Hoist by His Own Petard: McDowell piously claims that people have the right to know sensitive information that his company can learn. He gets brought down when Jack hired a rival company to do the same to Access Nation.
  • Idiot Ball: Any ethical attorney would advise McDowell to continue performing background checks on their clients and instead drop the client and contact the authorities when they discover they not only lied but intended to abuse their service to break the law.
  • Outliving One's Offspring: Conley's parents are alive throughout the episode.
  • Rape as Backstory: Conley was raped in college, and after Rice found out about this, he decided she held a grudge against him because he was a convicted rapist.
  • Sassy Black Woman: Conley was mentoring a girl named Monique who set her up to be robbed in exchange for a cut of the profits. Both Monique and her mother fit this trope.
  • Sinister Surveillance: Access Nation can provide a terrifying amount of personal information about someone, including their full financial and medical history. As well as sell software that allow their clients to hack into a target's computer.
  • Stalker without a Crush: Rice's stalking of Conley was more to do with the requirement for him to visit her as part of the conditions of his parole, and he does not seem to have had any interest in her.

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