The Champion

May 2017 , Page 11 

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NACDL News: New Report Guides Defense Attorneys in Challenging Secretive Government Hacking

By Ivan J. Dominguez, Ezra Dunkle-Polier, and Alexandra Funk

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On Mar. 30, 2017, the American Civil Liberties Union released a report, to which NACDL and the Electronic Frontier Foundation contributed, that identified key legal arguments and strategies for challenging evidence seized by government-installed computer malware. The report, Challenging Government Hacking in Criminal Cases, assesses recent court decisions evaluating the government’s use of the controversial hacking technique and makes recommendations for the most promising avenues to have unconstitutionally obtained evidence suppressed. The report also looks forward, addressing changes to Rule 41 of the Federal Rules of Criminal Procedure that have given the government wide latitude to use hacking in their criminal investigations.

A key audience for the report is the nation’s network of criminal defense lawyers, who will be the first to learn of court evidence obtained from government hacking operations.

“We’re proud to release this report to ensure the defense c

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  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
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