Chapter 1 Introduction What are the issues of the day?
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Alternatives to FISAAre there alternative criminal laws that could be used against terrorists?Does the Court see these as a viable alternative to FISA?What would the feds say about the limitations of using traditional criminal law warrants?What does the court hold about the constitutionality of the Patriot Act amendments to FISA?This case has not been followed by other courts, but there is not appeals court review.NSA screening of International Phone CallsIs pattern matching on electronic communications "reading the content"?What are the impediments to getting FISA warrants for this screening?Did FISA provide for area warrants?Did FISA contemplate individual warrants for given individuals?Could the government just put everyone on notice that foreign calls may be screened and eliminate the expectation of privacy?Letter from William E. MoschellaDoes the president claim intrinsic authority for national security searches, outside the 4th amendment and congressional authorization?What statutory support does the president claim for the phone surveillance?What exception from FISA does the president claim is satisfied by this authority?Is this an unambiguous reading of both laws?American Civil Liberties Union v. National Sec. Agency, 493 F.3d 644 (6th Cir 2007)Who are the plaintiffs?What are the complaining that the NSA is doing illegally?What provision of FISA seems to ban intercepting communications without a warrant?The Standing ProblemCan any of the plaintiffs show that their calls have been intercepted?Can anyone show this?What would be required for this showing?Why is that not going to happen?Is this showing essential for standing?Why isn't it necessary for a declaratory judgment that the agency is acting illegally?What are the Damages?What do plaintiffs argue is their damages?Are they arguing that they are worried they will be arrested?Even if true, why would you not bring it up?What might damages be for an attorney with an overseas client?Is this more than just invasion of privacy?Do they have an alternatives to avoid interception of their messages?RedressablityWhat is redressablity?Would they know if there was a proper warrant?Think about plaintiffs' arguments about what they are worried aboutWould any of their concerns be different if the search was based on a warrant?Since they could not know if there was a warrant, would they be able to behave differently if the NSA said it would obey FISA?The Court's HoldingWhy did the court find that none of the plaintiffs had standing?Could anyone get standing under this analysis?Who would be the right party to bring an action?Why is this unlikely?Why did this make the telcom company immunity for complying such an important issue?FISA Amendments Act of 2008Does Section 702 create an area warrant for interception of communications originating outside the US?Why does the Act have provisions allowing the communications companies to contest these warrants in court?Why is there a provision granting the communications companies immunity from complying with these orders?Chapter 20 - Third-Party Records and Data MiningPart ISmith v. MarylandLooking back at this case, what is the court really saying about a reasonable expectation of privacy?What does the court see within the ambit of a reasonable expectation of privacy?Is it really an original intent approach, i.e., is the court looking to what the founders through of as personally private?Has the Court always recognized a right of privacy beyond 4th amendment searches?What would Jefferson have seen within the scope of privacy?Letters?His personal dwelling?His dealings with his bank?Does the Public's Expectation of Privacy Match the Court's?If your employer can read it, can the government?Banking records?Transactions in general?Do you think the general public thinks their banking records are private?Their email?Their tweets?Why are transactions so valuable for intelligence?Should the use of encryption be seen as probable cause for the government to go after the contents of the communication?Warshak v. U.S., 490 F.3d 455 (6th Cir.(Ohio) Jun 18, 2007)Plaintiff seeks a declaratory judgment (facial challenge) that the provisions of the Stored Communications Act (SCA) allowing administrative subpoenas to his ISP for his emails is unconstitutional.Plaintiff learned that emails had been released to the government and sought declaratory judgment and an injunction on behalf of himself and all other email users.The Expectation of Privacy in EmailWhy are analogies between ISPs and the post office misguided?Why is there no expectation of privacy in bank records?How does this court see email as different from bank records?What about email in the hands of a recipient?The Nature of the ExpectationHow much of this expectation of privacy is due to statutes?What if those changed?What if the court said they did not apply for national security investigations?Do you have an expectation of privacy if there are any exceptions?Yüklə 0,76 Mb. Dostları ilə paylaş:
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