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    • Content Page

    Fourth Amendment News

    2012

    • News Release

    News Release ~ 10/13/2017

    General Finds Good Cause to Allow the Withdrawal of Three Members of Defense Team in U.S.S. Cole Trial at Military Commissions in Guantanamo; Proceedings Plagued by Government Violations of Attorney-Client Privilege -- Washington, DC (Oct. 13, 2017) – Today, Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense Organization, found good cause to allow the withdrawal of three members of the defense team in the case of United States v. Nashiri due to concerns that the government compromised attorney-client confidentiality. 

    • News Release

    News Release ~ 05/23/2017

    Fourth Circuit Permits Mass Surveillance Lawsuit to Move Forward, but Without the Criminal Defense Bar and All but One Plaintiff -- Washington, DC (May 23, 2017) – In March 2015, Wikimedia, the National Association of Criminal Defense Lawyers, Human Rights Watch, and several other organizations, filed suit in the U.S. District Court for the District of Maryland challenging the National Security Agency's (NSA) mass interception and searching of Americans' international Internet communications.

    • Document

    From the President by John Wesley Hall January 2009

    Published in The Champion January 2009
    • News Release

    News Release ~ 10/24/2017b

    Nation's Criminal Defense Bar Endorses Bipartisan Surveillance Legislation Introduced in the Senate and the House -- Washington, DC (Oct. 24, 2017) – Today, Sen. Ron Wyden (D-Ore.) and Sen. Rand Paul (R-Ky.), together with nine additional co-sponsors, introduced the bipartisan USA RIGHTS Act, a bill that significantly reforms warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA).

    • News Release

    News Release ~ 10/05/2017

    Draft Surveillance Legislation Represents Step toward Reform, but Falls Far Short -- Washington, DC (Oct. 5, 2017) -- Today Reps. Bob Goodlatte (R-Va.) and John Conyers (D-Mich.), the chair and ranking member of the U.S. House Judiciary Committee, and Jim Sensenbrenner (R-Wis.) and Sheila Jackson Lee (D-Tex.), the chair and ranking member of the Crime, Terrorism, Homeland Security, and Investigations Subcommittee, presented a bipartisan discussion draft of the "USA Liberty Act" — a bill that would reauthorize and reform Section 702 of the Foreign Intelligence Surveillance Act (FISA).

    • Content Page

    Continuing Opposition to the Military Commissions at Guantanamo Bay

    NACDL shall continue to provide expertise, consultation, and support to the military and civilian lawyers representing defendants who are charged in the military commissions at Guantanamo...
    • Landing Page

    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.
    • Document

    NACDL letter on HR 699 as amended (April 2016)

    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.”
    • News Release

    News Release ~ 02/23/2016

    Nation's Criminal Defense Bar Applauds Administration's Efforts to Close Guantanamo, But Says the Framework Falls Short -- Washington, DC (Feb. 23, 2016) – Today, the Administration released what it says is a "Plan for Closing the Guantanamo Bay Detention Facility." While there are serious deficiencies in that plan, the administration is to be commended for continuing its effort to at long last shutter the detention facility.

    • 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. [Released June 2016]
    • Content Page

    Fourth Amendment Advocacy Letters

    NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.
    • Content Page

    A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act

    A Surveillance Bill by Any Other Name: The Cybersecurity Information Sharing Act  By Jumana Musa, Sr. Privacy and National Security Counsel at the National Association of Criminal Defense Lawyers 
    • News Release

    News Release ~ 10/24/2017

    Nation's Criminal Defense Bar Releases Primer on Protecting Digital Devices at the Border -- Washington, DC (Oct. 24, 2017) – Customs and Border Protection (CBP) has long asserted it has the right to search electronic devices at border crossings and ports of entry.
    • 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