... 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.
En Banc Brief of Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union of Washington, and National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.
Argument: Suppression of evidence is a proper remedy for Posse Comitatus Act (PCA) violations. The PCA protects constitutional rights. Suppression is a proper remedy for statutory violations ties to constitutional rights. Even if the PCA does not implicate constitutional concerns, suppression is an authorized remedy for PCA violations under this court’s supervisory powers. The extensive military surveillance of civilians in this case, combined with the threat of future PCA violations enabled by emerging technologies, supports suppression here. The PCA violations here go beyond Dreyer’s specific case. The documented widespread and repeated PCA violations of the past will only continue in the future because of emerging technologies. Suppression is the only effective remedy for affected civilians.