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Showing 1 - 8 of 8 results

    • Content Page

    Device and Account Searches

    Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.
    • Document

    Preserving Incarcerated Persons’ Attorney-Client Privilege in the 21st Century

    Why the Federal Bureau of Prisons Must Stop Monitoring Confidential Legal Emails

    This report by NACDL and the Samuelson Clinic makes the case for Congress to act immediately to protect the attorney-client privilege in emails sent between attorneys' offices and people in BOP custody. It also calls for the BOP to stop its practice of requiring incarcerated clients to “voluntarily” agree that their email will be monitored and that attorney-client privilege will not apply to legal emails, just as the government is required to in other contexts. [Released December 2020]
    • Document

    Letter to Congressional Leadership on Privileged Electronic Communications in BOP (December 2022)

    On behalf of NACDL, I urge you to pass the bipartisan Effective Assistance of Counsel in the Digital Era Act, H.R. 546/S. 3524, before the 117th Congress adjourns. The bill ensures that email communications between people in Federal Bureau of Prisons custody and their legal teams are protected with the same privilege as legal visits, letters, and phone calls. This legislation passed in the House with overwhelming bipartisan support in a 414-11 vote. The action by the House and bipartisan sponsorship for the Senate bill indicates a high level of support for this common-sense reform.
    • News Release

    News Release ~ 02/06/2017

    Nation's Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act -- Washington, DC (Feb. 6, 2017) – Today, the House of Representatives passed the Email Privacy Act (H.R. 387). This bill is a long overdue update of the Electronic Communications Privacy Act (ECPA), a bill passed in 1986 that governs the treatment of electronic communications.

    • News Release

    News Release ~ 04/13/2016

    Nation's Criminal Defense Bar Welcomes House Judiciary Committee's Unanimous Passage of Email Privacy Act -- Washington, D.C. (April 13, 2016) – Today the House Judiciary Committee passed out of committee the Email Privacy Act (H.R. 699) by a vote of 28-0.

    • Document

    Letter to Members of Congress on Protecting Attorney-Client Communications in BOP (February 2021)

    Coalition letter to members of Congress from NACDL and other concerned organizations regarding the need to ensure privileged communication between attorneys and clients in BOP custody, as addressed in the Effective Assistance of Counsel in the Digital Era Act (H.R. 546, 2021).
    • Brief

    United States v. Ackerman

    Brief of Amici Curiae Electronic Frontier Foundation, Brennan Center for Justice, Center for Democracy and Technology, and National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Reversal
    • News Release

    News Release ~ 12/15/2010 B

    Fourth Amendment Protects E-Mail From Warrantless Government Surveillance, Federal Court Rules - Washington, DC (December 15, 2010) – The National Association of Criminal Defense Lawyers praised the federal appeals court decision protecting email privacy. For the first time, a federal court has ruled that law enforcement must obtain a search warrant before it can search and seize a subscriber’s email that is stored on the computers of his Internet service provider (ISP).