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Coalition Letter Opposing the Cyber Intelligence Sharing and Protection Act of 2011 (April 2012)
We the undersigned organizations urge you to vote ‘no’ on H.R. 3523, the Cyber Intelligence Sharing and Protection Act of 2011 (CISPA). We are gravely concerned that this bill will allow companies that hold very sensitive and personal information to liberally share it with the government, which could then use the information without meaningful oversight for purposes unrelated to cybersecurity. We understand this bill is scheduled to be considered on the House floor during “Cybersecurity Week,” the week of April 23rd.
Coalition Letter Opposing Regulatory Agencies’ Power to Demand Third Party Content (July 2013)
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.
United States v. Ganias
Amicus Curiae brief of the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal.
Argument: The prohibition on general warrants under the Fourth Amendment bars retention of non-responsive seized electronic materials. The Government’s seizure and indefinite retention of Mr. Ganias’s files transformed a limited warrant into a forbidden general warrant and thereby violated the Fourth Amendment. Permitting the Government to rifle through and retain confidential non-responsive electronic documents amounts to the modern equivalent of allowing “officers to rummage through homes” – the precise practice that was so abhorrent to the Founding Fathers.