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    National Security

    NACDL recognizes that under the banner of the “war on terrorism,” America’s fundamental constitutional protections have been under unprecedented attack.  Since the tragedy of 9/11, the government has engaged in unparalleled assaults on a range of constitutional rights, including the right to due process and the right to privacy.

    NACDL seeks to resist this trend on both on a systemic and case-by-case basis to expose and combat the ongoing incursions into our civil rights in the name of national security.
    • Landing Page

    Domestic Drone Information Center

    NACDL's Domestic Drone Information Center aims to be a one-stop source of cutting-edge information on the proliferation of drones inside the United States. It collects news from leading publications across the nation; features a comprehensive listing of legislative developments; and contains sections devoted to relevant case law, government documents, scholarship, upcoming events, and data on drone usage. The Domestic Drone Information Center also aggregates existing material from other websites, making it a launching pad to additional information about domestic drones on the web.

    • Content Page

    Case Law

    NACDL's Domestic Drone Information Center
    • Document

    What's Old is New Again: Retaining Fourth Amendment Protections in Warranted Digital Searches

    (Pre-Search Instructions and Post-Search Reasonableness)

    A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison
    • Document

    The Fourth Amendment in the Digital Age

    The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases.
    • Champion Article

    Avoiding the Terrorism Enhancement

    Section 3A1.4 of the Sentencing Guidelines – the so-called “terrorism enhancement” – is an obstacle for defense practitioners. If applicable, the enhancement can drive a defendant’s sentence upward by a large amount. Unfortunately, the terrorism enhancement treats all offenders the same without considering their actual conduct or individual backgrounds. This article discusses two cases and the role the facts played in the applicability of the terrorism enhancement.
    • Content Page

    Border Searches & Digital Devices: Case List

    NACDL has compiled a resource of district court cases that deal with the border search exception and digital devices, with special attention paid to challenges to digital searches after the landmark Riley v. California decision. The case list accompanies a primer to educate attorneys about the implications of CBP's claimed powers and offer strategies that will help them comply with their ethical obligations and responsibilities to their clients when entering the U.S.

    • Content Page

    Border Searches & Digital Devices

    Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs and Border Protection (CBP) has applied that logic to digital devices. NACDL members are uniquely exposed to abuse in this context: digita
    • Document

    Abidor v. Napolitano Reply 3/30/2011

    Defendants’ Reply in Support of Motion to Dismiss in Abidor v. Napolitano.
    • Document

    Abidor v. Napolitano Opposition to Motion to Dismiss 3/9/2011

    Plaintiffs’ Memorandum of Law in Opposition to Defendants' Motion to Dismiss
    • Document

    Abidor v. Napolitano Support of Motion to Dismiss 1/28/2011

    Defendants’ Memorandum of Law in Support of Motion to Dismiss
    • Document

    Abidor v. Napolitano Complaint 9/7/2010

    NACDL and ACLU complaint filed against the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) challenging the DHS policy authorizing suspicionless search and seizure of travelers' electronic devices.
    • Content Page

    Other Data

    NACDL's Domestic Drone Information Center
    • Content Page

    Scholarship

    NACDL's Domestic Drone Information Center
    • Content Page

    Government Documents

    NACDL's Domestic Drone Information Center