In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.

In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.

In the digital age, law enforcement is savvy enough to pull information about your client’s online presence and use it against them. Getting this data and challenging it are skills every modern defense attorney needs. This webinar covers how social media evidence can and cannot be accessed, how it’s authenticated, and viable legal arguments to use and challenge it in your own cases.

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We the undersigned organizations write in opposition to amendments that would strip privacy protections from Title VII, the information sharing title of S. 3414, the Cybersecurity Act of 2012. …we are in agreement that the current version of Title VII should be considered the privacy floor, and not the ceiling. To that end, we strongly oppose amendments that have been, or are expected to be offered that would substitute the information sharing provisions of SECURE IT or otherwise weaken privacy safeguards.

We, the undersigned companies and organizations, are writing to express our support for Chairman Leahy’s and Sen. Lee’s ECPA Amendments Act, S. 607, which the Committee will consider shortly. The bill would update the Electronic Communications Privacy Act (ECPA) to provide stronger protection to sensitive personal and proprietary communications stored in “the cloud.” We urge all Members of the Committee to support the bill.

We write to express our concerns about a proposal that would grant federal regulatory agencies authority to require web-based email service providers, cloud service providers and other Internet companies to disclose the contents of sensitive and proprietary communications or documents that they store on behalf of their customers.

We write today to urge you to support reform of the Electronic Communications Privacy Act (ECPA) to guarantee that every American has full constitutional and statutory protections for the emails, photos, text messages, and other documents that they send and share online.

Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.

Brief for National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)

Brief of Amici Curiae National Association of Criminal Defense Lawyers, Ninth Circuit Federal Public and Community Defenders, and Professor Erwin Chemerinsky in Support of Petition for a Writ of Certiorari.