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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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Showing 1 - 15 of 39 results
2012
NACDL is writing to offer its qualified support for the Manager’s Substitute Amendment to the Email Privacy Act (H.R. 699). As amended, the Act updates the Electronic Communications Privacy Act (ECPA), the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.”
NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.
A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act By Jumana Musa, Sr. Privacy and National Security Counsel at the National Association of Criminal Defense Lawyers
We write to urge you to ensure that any new cybersecurity information sharing bill considered in the Senate in 2013 at least maintains the privacy protections from Title VII, the information sharing title of S. 3414, the Cybersecurity Act of 2012. We agree that the protections in Title VII of S. 3414 last year should be considered the privacy floor, and not the ceiling for any cybersecurity legislation. To that end, we would strongly oppose any effort to bring to the Senate floor the information sharing provisions of last year’s SECURE IT bill, or otherwise weaken privacy safeguards.
We represent a wide range of privacy and human rights advocates, technology companies, and trade associations that hold an equally wide range of positions on surveillance reform. Many of us have differing views on exactly what reforms must be included in any bill reauthorizing USA PATRIOT Act Section 215, which currently serves as the legal basis for the NSA’s bulk collection of telephone metadata and is set to expire on June 1, 2015. Our broad, diverse, and bipartisan coalition believes that the status quo is untenable and that it is urgent that Congress move forward with reform.
S. AMANDA MARSHALL, OSB #95347 United States Attorney District of Oregon ETHAN D. KNIGHT, OSB #99298 PAMALA R. HOLSINGER, OSB #89263 Assistant United States Attorneys ethan.knight@usdoj.gov pamala.holsinger@usdoj.gov 1000 SW Third, Suite 600 Portland, OR 97204-2902 Telephone: (503) 727-1000 Facsimile: (503) 727-1117 JO
LAURA E. DUFFY 1 . . -. . . United States Attorney 2 WILLIAM P. COLE . .. ' . . . .... ... .~ . ~--". :.":'-~~ ..... -~---•.-~ ... . :'""'. -- ... . . . .... . 3 CAROLINE P. HAN Assistant United States Attorneys 4 Cal. State Bar No. 186772/250301 5 STEVEN P. WARD Trial Attorney 6 D.C. Bar. No. 395410 7 Federal Office
123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOLLY A. SULLIVAN California State Bar No.216376 110 West C Street, Suite 1903 San Diego, California 92101 Telephone: (619) 269-8054 Fax: (619) 794-2263 Email: hollyasullivan@yahoo.com Attorneys for Basaaly Moalin UNITED STATES DISTRICT COURT SOUTHERN D
UNITED STATES’ OPPOSITION CR-12-0030 EMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELINDA HAAG (CABN 132612) United States Attorney J. DOUGLAS WILSON (DCBN 412811) Chief, Criminal Division S. WAQAR HASIB (CABN 234818) ALEXANDRA P. SUMMER (CABN 266485) Assistant United States Attorneys
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 12-cr-00033-JLK-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. JAMSHID MUHTOROV, Defendant. ________________________________________________________________________ DEFENDANT’S MOTION TO SUPPRESS EVIDENCE OBTAINED OR DERIVED FROM SURVEILLANCE UNDER
The undersigned civil society groups write to express our concerns about recent reports of an order issued under the Foreign Intelligence Surveillance Act (FISA) that compelled Yahoo! to scan the emails of all of its users, in real time, for a “signature” associated with a foreign power. We believe such a massive scan of the emails of millions of people, particularly if it involves the scanning of email content, could violate FISA, the Fourth Amendment, and international human rights law, and has grave implications for privacy.