"Sharing Strategies and Strengthening the Movement: Criminal Justice Reform through a Public Health & Community Safety Lens"

LOCATION: The Breakers, Palm Beach, FL
DATES: August 11-12, 2022

The government uses the backdoor search loophole to conduct warrantless searches for the information of individuals who are not targets of Section 702, including U.S. citizens and residents. Unfortunately, the Section 702 reform bill introduced last week, the USA Liberty Act [H.R. 3989], fails to address many of the concerns raised in our letter. We cannot support the USA Liberty Act at this stage without further changes to strengthen the warrant requirement for searching databases containing Section 702 information.

On behalf of a broad coalition of civil liberties organizations, we write in support of the USA RIGHTS Act [S. 1997], legislation that contains meaningful reforms to Section 702 of the Foreign Intelligence Surveillance Act (“FISA”), which is set to expire at year’s end. These reforms are imperative given our government’s historical abuse of surveillance authorities, contemporary noncompliance with this authority, and the danger posed by potential future abuses.

The undersigned privacy, civil rights, civil liberties, and government oversight organizations write in strong opposition to the FISA Amendments Reauthorization Act of 2017 (S. 2010). This legislation is masquerading as a moderate “reform” bill. In fact, however, it would reauthorize Section 702 of the Foreign Intelligence Surveillance Act for eight years without making any meaningful reforms to better protect privacy. Indeed, in some respects, the bill represents an expansion of the government’s surveillance authorities under Section 702.

The undersigned groups write to express our strong opposition to H.R. 4478, as amended by the manager’s amendment introduced by Representative Nunes, which is scheduled to be considered at 4 p.m. today. We urge you to vote “no” on this bill. Some have suggested this bill is reform—but it is just the opposite. This bill fails to meaningfully address the litany of abuses that have occurred under Section 702, risks codifying current illegal practices, and could be read as expanding surveillance under Section 702. As such, we believe it is markedly worse than the current Section 702 statute.

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

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. 

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 urges you to oppose any legislation that attempts to enhance our security by rendering our Fourth Amendment rights less secure. There are real cybersecurity threats before us, but they do not pose risks so great that we should cross all boundaries of constitutional restraint to seek protection from them. NACDL supports six principles that cybersecurity legislation should embrace to successfully enhance our security interests and protect the Fourth Amendment, and encourages you to amend or oppose any legislation that does not abide by these principles.