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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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NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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The U.S. government launders the original source of evidence in criminal cases in a practice known as “parallel construction.” In order to keep certain investigative activity hidden, agents simply arrange for an alternate evidentiary path. This practice allows the government to obscure secret surveillance technologies and programs or potentially illegal investigative methods from those accused in criminal cases, and the public at large. This webinar will educate members of the defense community about the practice of "parallel construction" and prepare them to fight it in the courtroom.
This webinar draws from legal and technological expertise to ensure that the defense community is prepared to challenge hacking as an investigative technique. The webinar also addresses the technological aspects of government hacking and the changes to Rule 41 of the Federal Rules of Criminal Procedure that open the door to wider use of 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.
Over the past several years, the government has increasingly turned to hacking and malware as an investigative technique. The Federal Bureau of Investigation has begun deploying software designed to infiltrate and control, disable, or surveil a computer's use and activity. The ACLU created a guide, to which NACDL and EFF contributed, that sets out key legal arguments and strategies for challenging evidence seized by government-installed computer malware. [Released March 2017]
New Report Offers Guide for Defense Attorneys to Challenge Secretive Government Hacking -- Washington, DC (Mar. 30, 2017) — A report released today sets out key legal arguments and strategies for challenging evidence seized by government-installed computer malware as a violation of the Fourth Amendment and federal law.
Brief of Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union Foundation, ACLU of Wisconsin, Inc., and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.
Brief of Amici Curiae Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.