Professional Documents
Culture Documents
SQ1
Notes 11th Circuit SQ1 Court
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Prior Restraint
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SQ2
Excise Act of 1758
The Excise Act of 1754 allowed tax collectors to interrogate any citizen under
oath concerning his annual consumption of alcohol. It exposed the entire
community to compulsory self-incrimination, as it expanded the many laws
allowing general searches in the colonies. Colonists argued the act violated
the Magna Carta, natural rights, and the security of ones privacy at home.
Grievances over search and seizure had been accumulating in colonies for
over 25 years, and this was seen as the last straw. The Act inspired
legislation requiring specific warrants for custom searches.
Privacy- Intellectual
Intellectual privacy is having protections from being watched/interfered when
making our mind up about the world; surfing the Web, talking on the phone.
Intellectual privacy is important because without it (when we are being
knowingly surveilled) our beliefs and thoughts become mainstream, and live
in fear of learning and discussing controversial topics.
Klayman v. Obama
I agree with the holding. The bulk data collection violates peoples right to
privacy. It also held that Smith v. Maryland did not apply to the NSA because
pen registers are short term forward looking capture, while NSAs
surveillance is long term historical retrospective analysis.
I disagree with the outcome of the case, for I do not believe that the plaintiffs
had substantial standing in the case. The court did not find any evidence that
the plaintiffs data was being analyzed, so I believe that the case should not
have gone forward.
Stellar Wind
Stellar Wind is the code name for the information collected under the
Presidents Surveillance Program, approved by president G.W Bush after
9/11. The program involved data minding of commutations of American
citizens, such as email, telephone conversations, and financial transactions.
According to the FBI director at the time, 99% of cases lead nowhere. In 2004
it was discovered that the NSA was collecting purely domestic data along
with foreign communications. Bush reauthorized the program to include the
ability to collect domestic data in May of 2004.
No Fly lists
o Over 81,000 peoples on it, less than 1,000 are Americans
o Democrats think that no fly lists are good because it is used to
deny suspected-terrorist access to guns
o Republicans think the list is too broad
Automobile searches:
Automobile searches do not always require a warrant, however, probably
cause is necessary to search the car, passenger compartments, and closed
containers within the car. If the driver is in custody at the stationhouse or the
car is about to be impounded the police is allowed to search the car. The
police are also allowed to search the car if there is probable cause that there
is more evidence of the crime the driver was arrested for in the car,
something as simple as a traffic violation does not warrant a full search of
the car. Passenger compartments are slightly different, as held in Arizona v.
Gant, police can only search the passenger compartment if the arrestee has
access to the compartment at the moment of the search or the police
reasonably believe the compartment would have evidence of the offense of
the arrest. However, if the police have objective reason to believe that the
car is carrying contraband they are permitted to search the car and closed
containers, even if its the passengers belongings.
Google Privacy
Google has changed their terms of service to now allow for them to analyze
content of search and email data, to allow for more personally relevant
features. As Google admits, when you upload, submit, store, send, or
receive content you give Google a license to use that content. Many have
sued for breaches of their Fourth Amendment rights,
UK data
UK data collection laws have just been passed, giving more control to
consumers on how their data is used by the businesses. Ad companies are
expected to take the hardest hit, but it Is also suspected to hurt innovation
and growth. After the law goes into effect in 2018, companies will be
required to prove legal grounds for using consumer data, obtained by getting
consumer consent. The maximum fine on businesses will depend on the size
of the offense, but the maximum penalty will be 4% global sales revenue.
FISA
To get a warrant
o Go to judges
o If denied, go to FISC of review, with three judges
o Both courts top secret
DOJ
Enforce criminal laws in the US and counterterrorism
responsibilities
Surveillance ok in two scenarios
o Court order
Gov must show person is foreign power or an agent of foreign
power
AND significant purpose of the warrant is to gather foreign
intelligence
Dont have to show crime has been, is, or will be committed
o Without a Court Order
President can authorize through attorney general if
No substantial likelihood that surveillance will acquire
communications to which a US person is a party
US Person- citizen, resident?
o
o
Fourth Amendment
Warrantless wiretapping of one person in the Us
2005 NYT articles about surveillance program
Attorney general confirms the program exists
Good job reporting it
No checks and balances, great show of press checking the
government
Treason/not good
Violation of espionage act of 1917
Once they published, terrorists changed their tactics
NSA
o
o
o
o
2009 Newspapers
Overcollection of purely domestic of email and phone collections
o
o
o
SQ3
Assembly Facts
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Dakota Pipeline
The Standing Rock Sioux tribe, along with representatives from over 200
tribes, has been protesting the construction of an oil pipeline. They contend
the pipeline would disturb sacred lands and would harm the Missouri River,
tainting the tribes water. Protesters call to the U.S Army Corps of Engineers
to halt the construction of the pipeline and change the route. Over 400
arrests have taken place since the start of the protests, and the police have
used military force to combat the peaceful protests. The tribe is also suing
the U.S Army Corps to try to get an emergency injunction to stop the tribe
from continuing their building on sacred grounds.
Zionist movement
Zionism is a political movement by Jewish culture supporting the
reestablishment of a Jewish homeland in the Land of Israel. Since the first
century most Jews have lived outside the Land of Israel. This movement has
succeeded because over 40% of Jews now live in Israel. Zionism also seeks
to assimilate Jews into the modern world. Before 1948, the primary goal of
Zionism was to re-establish Jewish sovereignty in Israel, however once Israel
was established, Zionism primarily advocates on behalf of Israel and threats
to its existence and security.
Velvet Revolution
the 1970 Womens Strike for Equality, which covered the right to have an
abortion and free child care. Another large protest was the 1989 March for
Womens Lives, which had record breaking crowds attending in Washington,
bringing the debate about abortion onto the national stage.