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.

We write today to urge the Department of Justice (DOJ) to quickly complete an updated Privacy Impact Assessment (PIA) for the Federal Bureau of Investigation’s Next Generation Identification System (NGI) as part of a broader effort to examine the goals and impact of NGI. The previous PIA on NGI’s face recognition component dates back to 2008. Since that time the program has undergone a radical transformation—one that raises serious privacy and civil liberties concerns.

We represent a wide range of privacy and human rights advocates, technology companies, and trade associations that hold an equally wide range of positions on surveillance reform. Many of us have differing views on exactly what reforms must be included in any bill reauthorizing USA PATRIOT Act Section 215, which currently serves as the legal basis for the NSA’s bulk collection of telephone metadata and is set to expire on June 1, 2015. Our broad, diverse, and bipartisan coalition believes that the status quo is untenable and that it is urgent that Congress move forward with reform.

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.

We, the undersigned organizations, write to express our deep concerns with S. 2151, the SECURE IT Act of 2012. In particular, we are concerned that the information-sharing provisions in Title I allow companies, “notwithstanding any law,” to share sensitive Internet and other information with the government without sufficient privacy safeguards, oversight or accountability. ... In our view, SECURE IT is not a viable alternative to the Cybersecurity Act, S. 2105 in its current form, because the bill poses threats to privacy and civil liberties.