Chapter 1 Introduction What are the issues of the day?
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Physical SearchesHow was FISA amended to include physical searches?What are the limits on a physical search?Is there a notice provision for the target?Why are different procedures used than for criminal searches?The Lone Wolf ProvisionWhat is the "lone wolf provision" - 50 U.S.C. §1801(b)(1)(C)?What does the "lone wolf provision" do to the notion of an agency of a foreign power?The FISA CourtHow is the FISA court selected?What is the FISA appeals court?Does the United States Supreme Court have jurisdiction over FISA appeals?Why was FISA amended to require the Attorney General personally to review and to justify in writing any decision not to approve an application for a FISA order?What is the problem with doing quality control on FISA requests?FISA ExpansionHow was the basis for probable cause under FISA expanded in 2000?How does this broaden FISA?Why should this make you worry more about mistakes by NSA in reading your email?What does it mean for Jerry Adams?What is the emergency exception for FISA?In re: Sealed Case No. 02-001, 02-002 (FIS Court of Review) 310 F.3d 717 (2002)What did the FISA court order to limit the use of FISA warrants for criminal law investigation?What is the ‘‘chaperone requirement’’ in this case?What if representatives of OIPR are unable to attend such meetings?The WallWhat is the "wall" that the FISA court assumed existed?How did the court find use the authority for minimization procedures to enforce this wall?Despite the statutory language, what is the 4th amendment problem if FISA can wrap around criminal investigations?Would this matter if the intelligence was not used for a criminal prosecution?Reviewing United States v. Truong Dinh HungWhy does the court say that United States v. Truong Dinh Hung does not apply to FISA?How did the 1995 the Attorney General adopted ‘‘Procedures for Contacts Between the FBI and the Criminal Division Concerning Foreign Intelligence and Foreign Counterintelligence Investigations" enshrine Truong Dinh Hung?What provision did the Patriot Act add to encourage the cooperation the FISA court was trying to discourage?How did the 2002 Procedures for Contacts... supersede prior procedures?Did the FISA court accept the 2002 revisions?Minimization ProceduresWhat are the purpose of minimization procedures?What do the minimization procedures allow as regard ordinary crimes?What is the constitutional issue with the FISA court refusing to implement the 2002 guidelines?The Patriot Act and the Primary Purpose DoctrineHow did the Patriot Act modify the purpose of FISA surveillance?How does this implicitly do away with the primary purpose test?What if the purpose is solely criminal investigation?Will any defendant ever prove this? Why not?Who has the responsibility for reviewing the government purpose?Limiting United States v. Truong Dinh HungWhat did the court in Keith say about Title III warrant procedures for a domestic national security investigation?What is the false premise of Truong in this Court's view?The false premise was the assertion that once the government moves to criminal prosecution, its ‘‘foreign policy concerns’’ recede.How does the court distinguish previous check point cases?Rather, the Court distinguished general crime control programs and those that have another particular purpose, such as protection of citizens against special hazards or protection of our borders.How did the court rule?Mayfield v. U.S., 504 F.Supp.2d 1023 (D.Or. Sep 26, 2007) (supplement)What terrorist event triggered this case?Who was the plaintiff?What was done to him?Did the government settle with him?What is the suit about?The Original FISA WarrantWhat information, available at the time, undermined the findings presented for the FISA warrant?What finding did the government make about plaintiff?What is the standard for the court to reject this?What makes it impossible for the court to determine if this standard is met?The Legal ClaimWhy is the change from primary purpose to significant purpose being foreign intelligence critical to this case?How does this Court characterize the Patriot Act's revision of FISA?"Moreover, the constitutionally required interplay between Executive action, Judicial decision, and Congressional enactment, has been eliminated by the FISA amendments."What is the basis for this separation of powers argument?Pre-FISA: Berger v. New York, 388 U.S. 41, 58-60 (1967)In 1967, the Supreme Court held that a New York statute authorizing electronic surveillance violated the Fourth Amendment because:(1) “it did not requir[e] the belief that any particular offense has been or is being committed; nor that the ‘property’ sought, the conversations, be particularly described;”(2) it failed to limit the duration of the surveillance to impose sufficiently stringent requirements on renewals of the authorization; and(3) the statute “has no requirement for notice as do conventional warrants, nor does it overcome this defect by requiring some showing of special facts.” .Why did the Berger court not care that this was an organized crime case?Yüklə 0,76 Mb. Dostları ilə paylaş:
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