All U.S. agencies with counterterrorism programs that collect or "mine" personal data-such as phone records or Web sites visited-should be required to evaluate the programs' effectiveness, lawfulness, and impacts on privacy. A framework is offered that agencies can use to evaluate such information-based programs, both classified and unclassified. The book urges Congress to re-examine existing privacy law to assess how privacy can be protected in current and future programs and recommends that any individuals harmed by violations of privacy be given a meaningful form of redress. Two specific technologies are examined: data mining and behavioral surveillance. Regarding data mining, the book concludes that although these methods have been useful in the private sector for spotting consumer fraud, they are less helpful for counterterrorism because so little is known about what patterns indicate terrorist activity. Regarding behavioral surveillance in a counterterrorist context, the book concludes that although research and development on certain aspects of this topic are warranted, there is no scientific consensus on whether these techniques are ready for operational use at all in counterterrorism.
The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
The California State Senate Office of Research examined the USA PATRIOT Act & assoc. Fed. powers that the gov't. acquired to protect the country against domestic terrorism following the attacks of 9/11. The office has looked at these issues from the perspective of members of Muslim communities in CA. The office discovered that a broad cross-section of these communities find the force of these new powers to be aimed against Muslims innocent of any connection to terrorist acts or known terrorist intentions. Contents: The PATRIOT Act -- An Overview; Selected Patriot Act Sections; The Roundup of Muslim Immigrants; Fed. Enforcement & the CA Connection: State & Local Issues; Foreign Students & Scholars; Conclusion; Stories; US-VISIT Fact Sheet.
In her groundbreaking new book, Silencing Political Dissent, constitutional expert Nancy Chang examines how the Bush administration's fight against terrorism is resulting in a disturbing erosion of First Amendment rights and increase of executive power. Chang's compelling analysis begins with a historical review of political repression and intolerance of dissent in America. From the Sedition Act of 1798, through the Smith Act of the 1940s and the internment of Japanese Americans in World War II, to the FBI's infamous COINTELPRO program of the 1960s, Chang recalls how during times of crisis and war, the U.S. government has unjustly detained individuals, invaded personal privacy, and hampered the free speech of Americans. Chang's expertise as a senior constitutional attorney shines through in the power and clarity of her argument. Meticulously researched and footnoted, Chang's book forces us to challenge the government when it is unpopular to do so, and to consider that perhaps "our future safety lies in the expansion, rather the contraction, of the democratic values set forth in the Constitution."
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the third-party doctrine, permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few. Questions have been raised whether this doctrine is still viable in light of the major technological and social changes over the past several decades.