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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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We support ending the bulk collection of all types of data under all legal authorities, while preserving the requirement of prior court approval for surveillance under the Foreign Intelligence Surveillance Act (FISA). We recognize the substantial step in this direction the House Judiciary Committee and House Permanent Select Committee on Intelligence took in unanimously passing the USA FREEDOM Act (H.R. 3361). … We respectfully urge you to oppose efforts to weaken these or other provisions in this historic bill.
We are very glad that the Board has been fully constituted, and we greatly appreciate your immediate attention and work in response to the recent disclosures concerning NSA surveillance. We understand that you are meeting to consider the impact of these NSA programs on privacy and civil liberties. We write to ask that, as one of your first action items, you urge the administration to make public information about the legal authorities for government surveillance of Americans.
We, the undersigned organizations, which support both security and liberty, write to urge you to vote “no” on H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012, which would extend the FISA Amendments Act (FAA) until December 31, 2017. Unless reauthorized, the FAA will sunset on December 31, 2012. We urge you to impose measures to prevent abuse of the FAA, and to require that government officials implementing the law be more transparent about its use.
We urge the Privacy and Civil Liberties Oversight Board to follow the House’s lead and to recommend that backdoor searches under section 702 be prohibited. Such access should be granted only when the government has obtained an order from the FISA [Foreign Intelligence Surveillance Act] Court upon a showing of probable cause that the U.S. person whose communications are sought is an agent of a foreign power.
We the undersigned are writing to express support for ending the government’s bulk collection of data about individuals. We strongly urge swift markup and passage of the USA FREEDOM Act (H.R.3361), which would enact appropriate surveillance reforms without sacrificing national security. This letter focuses on bulk collection, but overbroad NSA surveillance raises many more privacy and security issues that Congress and the Administration should address.
Amicus Curiae brief of the National Association of Criminal Defense Lawyers in Support of Plaintiffs’ Motion for Partial Summary Judgment.