Constitutional Limitations on Domestic Surveillance

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781984258762
Total Pages : 156 pages
Book Rating : 4.2/5 (587 download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States. Congress

Download or read book Constitutional Limitations on Domestic Surveillance written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-27 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional limitations on domestic surveillance : hearing before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, first session, June 7, 2007.

Constitutional Limitations on Domestic Surveillance

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Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States House of Representatives

Download or read book Constitutional Limitations on Domestic Surveillance written by United States House of Representatives and published by . This book was released on 2020-01-27 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional limitations on domestic surveillance: hearing before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, first session, June 7, 2007.

Constitutional Limitations on Domestic Surveillance

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties

Download or read book Constitutional Limitations on Domestic Surveillance written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Limitations on Domestic Surveillance

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States

Download or read book Constitutional Limitations on Domestic Surveillance written by United States and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Domestic Surveillance

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Author :
Publisher : Greenhaven Publishing LLC
ISBN 13 : 0737776749
Total Pages : 178 pages
Book Rating : 4.7/5 (377 download)

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Book Synopsis Domestic Surveillance by : Noël Merino

Download or read book Domestic Surveillance written by Noël Merino and published by Greenhaven Publishing LLC. This book was released on 2015-12-07 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Patriot Act dramatically expanded the government's ability to gather surveillance on American citizens. This anthology contains a diverse collection of essays that present opposing viewpoints on domestic surveillance. Disparate viewpoints are encapsulated with the use of a question-and-response format. Students are encouraged to weigh the merits of divergent opinions, so that they may understand the topic inclusively. Constitutional implications and national security are among the topics discussed.

CONSTITUTIONAL LIMITATIONS ON DOMESTIC SURVEILLANCE... HEARING... SERIAL NO. 110-45... COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPS.... 110TH CONGRESS, 1ST SESSION.

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (775 download)

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Book Synopsis CONSTITUTIONAL LIMITATIONS ON DOMESTIC SURVEILLANCE... HEARING... SERIAL NO. 110-45... COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPS.... 110TH CONGRESS, 1ST SESSION. by :

Download or read book CONSTITUTIONAL LIMITATIONS ON DOMESTIC SURVEILLANCE... HEARING... SERIAL NO. 110-45... COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPS.... 110TH CONGRESS, 1ST SESSION. written by and published by . This book was released on 2008* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Limitations on Domestic Surveillance

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Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties

Download or read book Constitutional Limitations on Domestic Surveillance written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2007 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Being Watched

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Author :
Publisher : NYU Press
ISBN 13 : 1479809276
Total Pages : 171 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Being Watched by : Jeffrey L. Vagle

Download or read book Being Watched written by Jeffrey L. Vagle and published by NYU Press. This book was released on 2017-12-05 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: A riveting history of the Supreme Court decision that set the legal precedent for citizen challenges to government surveillance The tension between national security and civil rights is nowhere more evident than in the fight over government domestic surveillance. Governments must be able to collect information at some level, but surveillance has become increasingly controversial due to its more egregious uses and abuses, which tips the balance toward increased—and sometimes total—government control.This struggle came to forefront in the early 1970s, after decades of abuses by U.S. law enforcement and intelligence agencies were revealed to the public, prompting both legislation and lawsuits challenging the constitutionality of these programs. As the plaintiffs in these lawsuits discovered, however, bringing legal challenges to secret government surveillance programs in federal courts faces a formidable obstacle in the principle that limits court access only to those who have standing, meaning they can show actual or imminent injury—a significant problem when evidence of the challenged program is secret. In Being Watched, Jeffrey L. Vagle draws on the legacy of the 1972 Supreme Court decision in Laird v. Tatum to tell the fascinating and disturbing story of jurisprudence related to the issue of standing in citizen challenges to government surveillance in the United States. It examines the facts of surveillance cases and the reasoning of the courts who heard them, and considers whether the obstacle of standing to surveillance challenges in U.S. courts can ever be overcome. Vagle journeys through a history of military domestic surveillance, tensions between the three branches of government, the powers of the presidency in times of war, and the power of individual citizens in the ongoing quest for the elusive freedom-organization balance. The history brings to light the remarkable number of similarities among the contexts in which government surveillance thrives, including overzealous military and intelligent agencies and an ideologically fractured Supreme Court. More broadly, Being Watched looks at our democratic system of government and its ability to remain healthy and intact during times of national crisis. A compelling history of a Supreme Court decision and its far-reaching consequences, Being Watched is essential reading for anyone seeking to understand the legal justifications for—and objections to—surveillance.

Intellectual Privacy

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Publisher : Oxford University Press, USA
ISBN 13 : 0199946140
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Intellectual Privacy by : Neil Richards

Download or read book Intellectual Privacy written by Neil Richards and published by Oxford University Press, USA. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.

The Right to Privacy

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Publisher : BoD – Books on Demand
ISBN 13 : 3732645487
Total Pages : 42 pages
Book Rating : 4.7/5 (326 download)

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Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren

Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Constitutionality and Legality of National Security Agency Surveillance Program

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Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (9 download)

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Book Synopsis Constitutionality and Legality of National Security Agency Surveillance Program by : Bradley L. Brandt

Download or read book Constitutionality and Legality of National Security Agency Surveillance Program written by Bradley L. Brandt and published by . This book was released on 2013 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recently, the top-secret surveillance programs of the National Security Agency (NSA) has again brought the constitutional protections of the Fourth Amendment to the forefront of national debate. At the heart is the battle between protecting civil liberties while enhancing the security of the United States against foreign and domestic enemies, particularly terrorists. Fueling that battle are different perspectives of what constitutes privacy and what limitations, if any, should be placed on the government's collection capabilities. Currently, there is no amendment or law forbidding the surveillance of foreign governments, institutions or individuals. However, the constitutionality of NSA surveillance programs collecting on American citizens associated with our enemies comes into question. Despite the bad press the NSA has received lately, the surveillance programs do not violate the principles or intent of the Fourth Amendment, however, the United States government needs to introduce more transparency to quell its critics and provide peace of mind to Americans."--Introduction.

The NSA Report

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Publisher : Princeton University Press
ISBN 13 : 1400851270
Total Pages : 287 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The

Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Surveillance, Counter-Terrorism and Comparative Constitutionalism

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Author :
Publisher : Routledge
ISBN 13 : 1134095341
Total Pages : 385 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Surveillance, Counter-Terrorism and Comparative Constitutionalism by : Fergal Davis

Download or read book Surveillance, Counter-Terrorism and Comparative Constitutionalism written by Fergal Davis and published by Routledge. This book was released on 2014-01-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.

Surveillance Technology

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Publisher :
ISBN 13 :
Total Pages : 1296 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Surveillance Technology by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights

Download or read book Surveillance Technology written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1976 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Limitations on Domestic Surveillance

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Constitutional Limitations on Domestic Surveillance by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties

Download or read book Constitutional Limitations on Domestic Surveillance written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of Foreign Intelligence

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Publisher : Oxford University Press
ISBN 13 : 019023539X
Total Pages : 209 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Future of Foreign Intelligence by : Laura K. Donohue

Download or read book The Future of Foreign Intelligence written by Laura K. Donohue and published by Oxford University Press. This book was released on 2016-02-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

Constitutional Limits on Surveillance

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Constitutional Limits on Surveillance by : Deven R. Desai

Download or read book Constitutional Limits on Surveillance written by Deven R. Desai and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting associational freedom is a core, independent yet unappreciated part of the Fourth Amendment. New surveillance techniques threaten that freedom. Surveillance is no longer forward looking. Law enforcement can obtain the same, if not more, information about all of us by looking backward. Forward-looking surveillance has limits. Some limits are practical such as the cost to place a person in a car to follow a suspect. There are also procedural limits, such as the requirement that surveillance relate to criminal activity. In addition, surveillance such as wiretapping and using a GPS tracker often requires a warrant. Warrants involve review by a neutral magistrate. The warrant sets limits on what information may be collected, how it is collected, and how it can be used. The surveillance is also time limited and requires continual justification to a judge, or the surveillance will be shut down. With backward-looking surveillance all of these protections are gone. Law enforcement can now use low-cost technology to track us or need only ask a business for the record of where we went, whom we called, what we read, and more. Revelation of the NSA's vast Prism surveillance project is but the most recent example of law enforcement engaging in this sort of over-reaching surveillance. The FBI has previously deployed similar programs to read mail, obtain lists of books read, demand member lists, and generate watch lists of people to round up in case of national emergency. The efforts vary; the harm is the same. Law enforcement has a perfect picture of our activities and associations regardless of whether they are criminal. With digital records these harms are more acute. Once the data about our activities is gathered, law enforcement may keep that data indefinitely. They have a data hoard. That hoard grows with each new data request. Once created, the hoard can be continually rifled to investigate us but without any oversight. In short, data hoards present new ways to harm associational freedom. Yet, our current understanding of associational freedom is thin. We over-focus on speech and miss the importance of the precursors to speech -- the ability to share, explore, accept, and reject ideas and then choose whether to speak. Recent work has shown, however, that the Constitution protects many activities that are not speech, for example petition and assembly, because the activities enable self-governance and foster the potential for speech. That work has looked to the First Amendment. I show that these concerns also appear in Fourth Amendment jurisprudence and work to protect us from surveillance regardless of whether the acts are speech or whether they are private. Drawing on Fourth Amendment principles, I show how warrant procedures, especially the idea of return, which would require deletion of data after an investigation, must be in place for backward-looking surveillance. This shift will allow law enforcement to access data, but limit the ability to overreach and threaten associational freedom. In short, when new surveillance techniques threaten associational freedom, they must be subject to proper Constitutional limits. This Article explains why those limits are needed, when they must be in place, and how they operate.