NACDL - Government Hacking

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.

Sample Motions & Briefs

Sample Warrant
In response to Warrant to Search A Target Computer at Premises Unknown (2013).

Sample Opening Brief
United States v. David Tippens (2017).


Sample Cases

United States v. Jeffrey Feldman (2014)
Case No. 13–CR–155

United States v. Paul Case (2014)
Case No. 13–CR–120

United States v. Douglas Blouin (2017)
Case No. CR16-307 TSZ

United States v. James Scott Alva (2018)
Case No. 2:14-cr-00023-RCJ-NJK

United States v. Christopher Hall (2015)
Case No: 2:15-cr-7-FtM-29CM

United States v. Jay Michaud (2016)
Case No. 3:15-cr-05351-RJB


Video Trainings

Parallel Construction – Defending Your Client When the Government Launders Evidence
November 2018
Ashley Gorski, Staff Attorney, ACLU National Security Project; Brian Pori, Assistant Federal Public Defender, Federal Public Defender’s Office (D. N.M.); Sarah St. Vincent, Researcher and Advocate, Human Rights Watch U.S. Program

Parallel Construction: How to Discover the Government's Undisclosed Sources of Evidence
Brian Pori, Assistant Federal Public Defender, New Mexico and Sarah St. Vincent, Researcher/Advocate, US Program, Human Rights Watch.

Challenging Government Hacking in Criminal Cases
November 2018
Colin Fieman, Senior Litigator, Federal Public Defender’s Office (W.D. Wash.); Jonathan Mayer, Assistant Professor, Princeton University; Riana Pfefferkorn, Associate Director of Surveillance and Cybersecurity, Center for Internet and Society at Stanford Law School

Defending Government Hacking Cases​
Colin Fieman Assistant Federal Public Defender, Tacoma, WA; and Paul Ohm, Professor of Law, Georgetown University Law Center.


Other Resources