Download or read book National Security Letters in Foreign Intelligence Investigations written by Charles Doyle and published by . This book was released on 2006 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority to issue four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect. The USA PATRIOT Improvement and Reauthorization Act (H.R. 3199), P.L. 109-177, and its companion P.L. 109-178, amended the five NSL sections to expressly provide for judicial review of both the NSLs and the confidentiality requirements that attend them. The sections have also been made explicitly judicially enforceable and sanctions recognized for failure to comply with an NSL request or to breach NSL confidentiality requirements with the intent to obstruct justice. The use of the authority has been made subject to greater Congressional oversight. The text of the five provisions -- section 1114(a)(5) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)); sections 626 and 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u, 1681v); section 2709 of title 18 of the United States Code; and section 802 of the National Security Act (50 U.S.C. 436) -- in their amended form have been appended.

Download or read book National Security Letters in Foreign Intelligence Investigations Legal Background and Recent Amendments written by and published by . This book was released on 2009 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority under four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect. A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken. A year later, a second IG report confirmed the findings of the first, and noted the corrective measures taken in response. The USA PATRIOT Improvement and Reauthorization Act (H.R. 3199), P.L. 109-177, and its companion P.L. 109-178, amended the five NSL sections to expressly provide for judicial review of both the NSLs and the confidentiality requirements that attend them. The sections have also been made explicitly judicially enforceable and sanctions recognized for failure to comply with an NSL request or to breach NSL confidentiality requirements with the intent to obstruct justice. The use of the authority has been made subject to greater congressional oversight. Following amendment, an appellate court dismissed one of the earlier cases as moot and remanded the second for reconsideration in light of the amendments. On remand, the lower court found the amended procedure contrary to the demands of the First Amendment.

Download or read book National Security Letters in Foreign Intelligence Investigations written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five statutory provisions vest government agencies responsible for certain foreign intelligence investigations (principally the Federal Bureau of Investigation [FBI]) with authority to issue written commands comparable to administrative subpoenas. These National Security Letters (NSLs) seek customer and consumer transaction information in national security investigations from communications providers, financial institutions, and credit agencies. Section 505 of the USA PATRIOT Act expanded the circumstances under which an NSL could be used. Subsequent press accounts suggested that their use had become widespread. Two lower federal courts, however, found the uncertainties, practices, and policies associated with the use of NSL authority contrary to the First Amendment right of freedom of speech, and thus brought into question the extent to which NSL authority could be used in the future. The USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, 120 Stat. 192 (2006) (H.R. 3199), and P.L. 109178, 120 Stat. 278 (2006) (S. 2271), amend the NSL statutes and related law to address some of the concerns raised by critics and the courts. This is an abridged version of CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments, without the footnotes, appendices, and most of the citations to authority found in the longer report.

Download or read book National Security Letters written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-11 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Background: USA PATRIOT Act; 2006 Amend.; IG Reports: The First IG Report; Exigent Letters; The Second IG Report; Secrecy, Judicial Review and the Second Circuit; Judicial Review of NSLs; Proposed Amend.: Sunset and Repeal; Non-disclosure; Judicial Review of NSL Itself; Issuance and Content; Minimization Requirements; Emergency Practices; Reports and Audits; Text of NSL Statutes on October 25, 2001 and Now: 12 U.S.C. 3414(a)(5) (on Oct. 25, 2001); 12 U.S.C. 3414(a)(5); 15 U.S.C. 1681u(a), (b)(on Oct. 25, 2001); 15 U.S.C. 1681u(a), (b); 18 U.S.C. 2709 (as of Oct. 25, 2001); 18 U.S.C. 2709; 15 U.S.C. 1681v (as of Oct. 25, 2001); 15 U.S.C. 1681v; 50 U.S.C. 436 (as of Oct. 25, 2001); 50 U.S.C. 436. Illustrations.

Download or read book National Security Letters in Foreign Intelligence Investigations written by Charles Doyle and published by CreateSpace. This book was released on 2015-01-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The authority to issue these national security letters (NSLs) is comparable to the authority to issue administrative subpoenas. The USA PATRIOT Act expanded the authority under four of the NSL statutes and created the fifth. Thereafter, the authority has been reported to have been widely used. Prospects of its continued use dimmed, however, after two lower federal courts held that the lack of judicial review and the absolute confidentiality requirements in one of the statutes rendered it constitutionally suspect.

Download or read book National Security Letters written by Congressional Research Congressional Research Service and published by CreateSpace. This book was released on 2015-01-22 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: A National Security Letter (NSL) is roughly comparable to an administrative subpoena. Various intelligence agencies use NSLs to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act. Congress weighed several NSL amendments during the 113th Congress. The House passed one, H.R. 3361. The Senate failed to provide the three-fifths vote necessary for cloture on another, S. 2685. Yet in the end, the 113th Congress adjourned without enacting any of the proposed NSL amendments. The bills in the 113th Congress that would have amended the NSL statutes proposed adjustments in four areas: (1) the grounds for issuing an NSL; (2) confidentiality requirements and judicial review; (3) reports and audits; and (4) sunset and repeal. S. 1551 (Wyden), H.R. 3361 (House-passed), S. 1599 (Leahy), and S. 2685 (Leahy) would have defined more precisely the circumstances under which an NSL might be issued. Initially, the U.S. Court of Appeals for the Second Circuit and later the District Court for the Northern District of California concluded that the statutory secrecy and judicial review provisions relating to NSLs, read to their fullest, are inconsistent with the proscriptions of the First Amendment right to free speech and the principles of separation of powers. S. 1215 (Leahy), H.R. 3361 (House-passed), S. 1599 (Leahy), and S. 2685 (Leahy) would have amended the provisions in question roughly along lines suggested by the Second Circuit. In the past, Congress has counterbalanced expanded NSL authority with increased oversight mechanisms. For example, it directed the Department of Justice's Inspector General to conduct an audit of NSL authority from 2001 to 2006, and instructed the Attorney General to report to Congress annually on the extent of NSL use. Several proposals in the 113th Congress would have supplemented the existing mechanisms. S. 1215, S. 1551, and S. 1599 would have called for greater detail in the Attorney General's annual reports. H.R. 3035 (Lofgren), S. 1551, and H.R. 3361 and S. 1599 would have authorized recipients to issue public reports on the NSLs they receive. As an additional oversight tool, S. 1215 and S. 1599 would have returned all but two of the NSL statutes to their pre-USA PATRIOT Act form, effective June 1, 2015. The exceptions would have been the National Security Act NSL statute, which evokes few privacy concerns, and the sweeping, USA PATRIOT Act-born, Fair Credit Reporting Act NSL statute, which the bills would have repealed. This report reprints the text of the five NSL statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act (to which form they would have been returned under S. 1125 and H.R. 1805). Related reports include CRS Report R40138, Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, by Edward C. Liu, and CRS Report RL33320, National Security Letters in Foreign Intelligence Investigations: Legal Background, by Charles Doyle.

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.

Download or read book Amendments to the Foreign Intelligence Surveillance Act FISA Set to Expire May 27 2011 written by Edward C. Liu and published by DIANE Publishing. This book was released on 2011-05 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three amendments to the Foreign Intelligence Surveillance Act (FISA) are set to expire (sunset) on May 27, 2011. The three sun-setting amendments expanded the scope of federal intelligence gathering authority following the 9/11 terrorist attacks. Contents of this report: (1) Overview; (2) Background: Distinction Between FISA Court Orders and Warrants in Criminal Investigations; Distinction Between FISA Court Orders and National Security Letters; Expiring FISA Amendments; "Lone Wolf" Terrorists; Roving Wiretaps; Access to Business Records Under FISA; (3) Effect of Sunset Provisions; (4) Legislative Proposals in the 112th Congress. This is a print on demand edition of an important, hard-to-find publication.

Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Foreign Intelligence Surveillance Act and Its Ramifications written by Brett J. Wills and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an overview of The Foreign Intelligence Surveillance Act (FISA), which was passed in 1978 and provides a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices and access to certain business records. The Patriot Act of 2001 made significant changes to some of these provisions. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. Some of these changes in FISA under these public laws are intended, in part, to facilitate information sharing between law enforcement and intelligence elements. In its Final Report, the 9/11 Commission noted that the removal of the pre-9/11 "wall" between intelligence and law enforcement "has opened up new opportunities for co-operative action within the FBI".

Download or read book Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies' performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, and Inspector General investigations. In addition, five statutory provisions vest government officials responsible for certain foreign intelligence investigations with authority comparable to administrative subpoena access to various types of records. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be reasonable, a standard that requires that 1) they satisfy the terms of the authorizing statute, 2) the documents requested are relevant to the investigation, 3) the information sought is not already in the government's possession, and 4) enforcing the subpoena will not constitute an abuse of the court's process. One lower federal court has recently held, however, that practices under one of the national security letter statutes violate the Fourth and First Amendment. Several bills address the dual issues raised in the case: (a) judicial review and enforcement, and (b) nondisclosure. S. 693 amends 18 U.S.C. 2709 to (1) permit a recipient to disclose the matter to his attorney or those whose assistance is necessary in order to comply with the request, (2) authorize federal courts to enforce a national security letter, or to modify or set aside such a request or a related nondisclosure order; and (3) allow disclosure in such judicial proceedings consistent with the requirements of the Classified Information Procedures Act (CIPA). S. 737 features similar amendments but applies them to several of the national security letter statutes and imposes a 90 day limit on the nondisclosure requirements, subject to court authorized 180 day extensions based on exigent circumstances. The companion proposals contained in S. 317 and H.R. 1526 are at once more restricted and more sweeping than those in either S. 693 or S. 737. S. 317 amends 18 U.S.C. 2709 to create a "specific and articulable facts" standard when the request relates to library or bookseller records; H.R. 1526 amends 18 U.S.C. 2709 to exempt library records from the reach of the section altogether. Both bills add section 505 of the USA PATRIOT Act to the list of sections that sunset on December 31, 2005. Section 505 amended the national security letter provisions of 18 U.S.C. 2709 and 15 U.S.C. 1681u to permit issuance by the heads of FBI field offices and to replace the "specific and articulable facts" standard. It also amended the Right to Financial Privacy Act to permit the heads of FBI field offices to issue national security letters under the provisions of that act. Those amendments would expire under H.R. 1526 (Otter) and S. 317 (Feingold). Although more extensive proposals were offered in the 108th Congress, the only law enforcement related administrative subpoena proposal in the 109th Congress appears in S. 600 relating to the Secretary of State's responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country.

Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.

Download or read book The Foreign Intelligence Surveillance Act written by Elizabeth B. Bazan and published by . This book was released on 2002 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Foreign Intelligence Surveillance Act, 50 U.S.C. ss 1801 et seq., (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, the Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296, and the Intelligence Reform and Terrorist Prevention Act, P.L. 108-458. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. Changes in FISA under these public laws are intended to facilitate information sharing between law enforcement and intelligence elements. In its Final Report, the 9/11 Commission noted that the removal of the pre-9/11 "wall" between intelligence and law enforcement "has opened up new opportunities for cooperative action within the FBI."

Download or read book The Patriot Act written by Lauri S. Friedman and published by Greenhaven Press, Incorporated. This book was released on 2006 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines six controversial essays that debate the issue of the Patriot Act, and includes model essays, sidebar notes and guided exercises.

Download or read book Foreign Intelligence Surveillance Act written by Elizabeth B. Bazan and published by . This book was released on 2005 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 (FISA) as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In so doing, Congress sought to strike a delicate balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers, trap and trace devices, and access to certain business records. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, P.L. 107-56, made significant changes to some of these provisions. Further amendments to FISA were included in the Intelligence Authorization Act for Fiscal Year 2002, P.L. 107-108, and the Homeland Security Act of 2002, P.L. 107-296. In addressing international terrorism or espionage, the same factual situation may be the focus of both criminal investigations and foreign intelligence collection efforts. The changes in FISA under these public laws facilitate information sharing between law enforcement and intelligence elements. In "The 9/11 Commission Report, Final Report of the National Commission on Terrorist Attacks upon the United States" (W.W. Norton 2004), the 9/11 Commission noted that the removal of the pre-9/11 "wall" between intelligence and law enforcement "has opened up new opportunities for cooperative action within the FBI." In the 108th Congress, a number of intelligence reform bills were introduced, including some which pre-dated the release of the Final Report of the 9/11 Commission, while others emerged after its release. This CRS Report describes 11 FISA provisions that are part of intelligence reform or reorganization proposals, and 20 other FISA-related bills in the 108th Congress.

Download or read book Terrorist Material Support written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-11 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are 2 fed. material support statutes have been at the heart of the Justice Dept¿s. terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists. The other outlaws providing material support to certain terrorist org. They share a common definition of the term ¿material support,¿ some aspects of which have come under constitutional attack. Contents of this report: (1) Introduction; (2) Background; (3) Support of Designated Terrorist Org.: Attempt, Conspiracy, Aiding and Abetting; Material Support; Other Constitutional Challenges; Terrorist Org.; Consequences of Charge or Conviction; Extraterritorial Jurisdiction; Civil Actions; (4) Support of Terrorism.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.