WSJ.com – High Court Says No to Wiretapping, Yes to Exclusionary Rule: Yesterday, the Supreme Court granted cert in a case that, commentators say, gives them an opporunity to carve out more exceptions to the “exclusionary rule,” a criminal procedure … Continued
search and seizure
To bug or not to bug?
Times Online – To bug or not to bug?: Fury and outrage – but not surprise – were the emotions expressed by most criminal lawyers this week to the disclosure in The Times that a solicitor’s conversation with his client, … Continued
Bush Order Expands Network Monitoring
WaPo – Bush Order Expands Network Monitoring: President Bush signed a directive this month that expands the intelligence community’s role in monitoring Internet traffic to protect against a rising number of attacks on federal agencies’ computer systems. Somehow, I am … Continued
Three concepts of surveillance in the National Surveillance State
Balkinization – Three concepts of surveillance in the National Surveillance State: In this article with Sandy Levinson and on the pages of this blog I’ve [Professor Balkin] been arguing that the United States is gradually moving from a National Security … Continued
FBI Wiretaps Dropped Due to Unpaid Bills
Newsvine – FBI Wiretaps Dropped Due to Unpaid Bills: Telephone companies have cut off FBI wiretaps used to eavesdrop on suspected criminals because of the bureau’s repeated failures to pay phone bills on time. Do you feel safe yet? This … Continued
No email privacy rights under Constitution, US gov claims
The Register: No email privacy rights under Constitution, US gov claims On October 8, 2007, the United States Court of Appeals for the Sixth Circuit in Cincinnati granted the government’s request for a full-panel hearing in United States v. Warshak … Continued
Verizon offers details on records releases
CNN – Verizon offers details on records releases: Verizon Communications says it has provided federal, state and local law enforcement agencies tens of thousands of communication and business records relating to customers based on emergency requests without a court order … Continued
Hundreds of New Documents Reveal Expanded Military Role in Domestic Surveillance
American Civil Liberties Union – Hundreds of New Documents Reveal Expanded Military Role in Domestic Surveillance: New documents uncovered as a result of an American Civil Liberties Union and New York Civil Liberties Union lawsuit reveal that the Department of … Continued
Comcast Charges $1K for a FISA Wiretap
Secrecy News – Implementing Domestic Intelligence Surveillance: Upon lawful request and for a thousand dollars, Comcast, one of the nation’s leading telecommunications companies, will intercept its customers’ communications under the Foreign Intelligence Surveillance Act. The cost for performing any FISA … Continued
EFF Documents Detail Pentagon Demands for Financial Records
Electronic Frontier Foundation – EFF Documents Detail Pentagon Demands for Financial Records: The problems at the Pentagon that are described in the documents appear to mirror some of those confronted by the F.B.I., where an internal investigation this year into … Continued
FCC Considers New Technology Mandates, Threatening Innovation and Privacy
CDT – FCC Considers New Technology Mandates, Threatening Innovation and Privacy: The Federal Communications Commission (FCC) is actively considering whether to adopt technology mandates that have the potential to significantly harm innovation and privacy on the Internet. Two ongoing proceedings—one … Continued
Should AT&T be held legally responsible for any NSA cooperation?
The Iconoclast – CNET News.com – Should AT&T be held legally responsible for any NSA cooperation?: This is a fine example of McCullagh’s Law in action: Unless you vote my way, Americans will die. (Is the Bush administration really serious … Continued
ACLU appeals domestic wiretap challenge to US Supreme Court
JURIST – ACLU appeals domestic wiretap challenge to US Supreme Court: The American Civil Liberties Union (ACLU) filed a certiorari petition Wednesday asking the US Supreme Court to hear a challenge of the government’s domestic surveillance program that was rejected … Continued
Judge Rules Parts Of Patriot Act Unconstitutional
cbs5.com – Judge Rules Parts Of Patriot Act Unconstitutional: (AP) PORTLAND, Ore. A federal judge ruled Wednesday that two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable … Continued
Justice Dept.'s warrantless eavesdropping rejected
Justice Dept.’s warrantless eavesdropping rejected: The U.S. Department of Justice asserts it doesn’t need to obtain a wiretap court order to listen to which touch tones are pressed when people are on the phone. . . . At issue in … Continued
Surveillance Law Must Protect Privacy and Security – Testimony
Surveillance Law Must Protect Privacy and Security – Testimony: Congress can enact legislation that meets the needs of intelligence agencies for defending national security, while still protecting the fundamental privacy rights of innocent Americans, CDT Policy Director Jim Dempsey told … Continued