Government Hacking

In recent years, the government has increasingly turned to hacking as an investigative technique. Specifically, the Federal Bureau of Investigation (“FBI”) has begun deploying malware: software designed to infiltrate and control, disable, or surveil a computer’s use and activity.

Sample Motions & Briefs

Sample Opening Brief
United States v. David Tippens (2017)

 

Sample Motion to Compel Discovery and Production of Evidence
United States v. Matthew Schwier (2020)

 


Sample Cases

United States v. Anthony Gonzales (2019)
Case No. CR-17-01311-001-PHX-DGC

United States v. James Scott Alva (2018)
Case No. 2:14-cr-00023-RCJ-NJK

United States v. Douglas Blouin (2017)
Case No. CR16-307 TSZ

United States v. Jay Michaud (2016)
Case No. 3:15-cr-05351-RJB

United States v. Christopher Hall (2015)
Case No: 2:15-cr-7-FtM-29CM

United States v. Jeffrey Feldman (2014)
Case No. 13–CR–155

United States v. Paul Case (2014)
Case No. 13–CR–120


Resources

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Video Trainings

Challenging Digital Evidence Obtained through RoundUp and Torrential Downpour in Criminal Cases

This webinar from August 11, 2020 featured Mohammad Hamoudi, Assistant Federal Defender for the Western District of Washington, Jeff Fischbach, founder and President of SecondWave Information Systems, and Robert Herz, the owner of the Law Offices of Robert Herz, P.C.

Defending Your Client When the Government Launders Evidence 

This program from November 29-30, 2018 featured Ashley Gorski, Staff Attorney, ACLU National Security Project, Brian Pori, Assistant Federal Public Defender, Federal Public Defender’s Office (D. N.M.), and Sarah St. Vincent, the Director of Cornell Tech's Computer Security Clinic for Survivors of Intimate Partner Violence (IPV).

Challenging Government Hacking in Criminal Cases 

This program from November 29-30, 2018 featured Colin Fieman, Senior Litigator with the Federal Public Defender, Western District of Washington, Jonathan Mayer, Assistant Professor of Computer Science and Public Affairs at Princeton University, and Riana Pfefferkorn, Associate Director of Surveillance and Cybersecurity at the Stanford Center for Internet and Society.

How to Expose the Government's Evidence Laundering

This webinar from May 23, 2018 featured Sarah St. Vincent, the Director of Cornell Tech's Computer Security Clinic for Survivors of Intimate Partner Violence (IPV), and Brian Pori, Assistant Federal Public Defender with the Federal Public Defender Organization for the District of New Mexico

Challenging Government Hacking in Criminal Cases

This webinar from August 9, 2017 featured Colin Fieman, Senior Litigator with the Federal Public Defender, Western District of Washington, and Paul Ohm, Professor of Law at the Georgetown University Law Center.


Other Resources


Need help with a government hacking case?


The Center is available to provide consultations and litigation resources as well as direct assistance in support of a defendant’s Fourth Amendment claims. Specifically, the Center may assist in motion practice, preparation for suppression hearings, appellate strategy, brief writing, and oral argument. The Center also provides group trainings for defense lawyers around the country and upon request.

To request assistance or additional information, contact 4AC@nacdl.org.