Board Resolution ~ 08/05/2011(2)

On Law Enforcement Access to Third Party Records

Resolution of the Executive Committee of the Board of Directors of the National Association of Criminal Defense Lawyers On Law Enforcement Access to Third Party Records 

Denver, Colorado
August 5, 2011

WHEREAS the past twenty-five years have brought dramatic advances in information and communication technologies, from the birth of the World Wide Web and the widespread use of personal computers, to the ubiquity of cell phones, personal satellite navigation systems, and other “smart” handheld and tablet electronic communication devices;

WHEREAS these developments offer a level of convenience, efficiency, and access to information that was previously unimaginable, they also carry the potential to invade personal privacy through the creation and retention of “third party” records that provide a window into our most intimate thoughts, health, habits, preferences, associations, and whereabouts;

WHEREAS federal law has failed to keep pace with technology and such highly private information is frequently accessed by government agencies without a warrant or probable cause;

THEREFORE BE IT RESOLVED that the National Association of Criminal Defense Lawyers hereby adopts the principle that law enforcement access to the content of private electronic communications should require a warrant supported by probable cause;

THEREFORE BE IT FURTHER RESOLVED that the National Association of Criminal Defense Lawyers hereby adopts the principle that law enforcement access to geolocation information – information generated by electronic devices that can be used to determine the location of those devices and their owners – should also require a warrant supported by probable cause;

THEREFORE BE IT FURTHER RESOLVED that the National Association of Criminal Defense Lawyers shall seek to advance these principles in its public advocacy and litigation initiatives.

 

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