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Why is privacy so important? If you have done nothing wrong, what do you have to hide? You would be surprised! With over 4,500 federal crimes on the books and over 400,000 rules & regulations, you are most likely, and unknowingly, committing three felonies a day. According to law professor John Baker, "there is no one in the United States over the age of 18 who cannot be indicted for some federal crime." Forget about the NSA spying on you. Much more devastating is the Bank Secrecy Act of 1970 which was significantly strengthened after 9-11. This Act turned Banks and other financial institutions into spies for the U.S. Government, in particular the IRS. This book discusses specific reasons why the Founders placed the Fourth Amendment-the right to privacy, the right to be left alone by Government-in the U.S. Constitution. It highlights how Congress, aided by the Supreme Court, has trampled on this extremely important individual right. Luckily, within these pages, there may be hope on the horizon!
In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.
Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.
This intelligence guide was prepared in response to requests from law enforcement executives for guidance in intelligence functions in a post-September 11 world. It will help law enforcement agencies develop or enhance their intelligence capacity and enable them to fight terrorism and other crimes while preserving community policing relationships. The world of law enforcement intelligence has changed dramatically since September 11, 2001. State, local, and tribal law enforcement agencies have been tasked with a variety of new responsibilities; intelligence is just one. In addition, the intelligence discipline has evolved significantly in recent years. As these various trends have merged, increasing numbers of American law enforcement agencies have begun to explore, and sometimes embrace, the intelligence function. This guide is intended to help them in this process. The guide is directed primarily toward state, local, and tribal law enforcement agencies of all sizes that need to develop or reinvigorate their intelligence function. Rather than being a manual to teach a person how to be an intelligence analyst, it is directed toward that manager, supervisor, or officer who is assigned to create an intelligence function. It is intended to provide ideas, definitions, concepts, policies, and resources. It is a primera place to start on a new managerial journey. Every law enforcement agency in the United States, regardless of agency size, must have the capacity to understand the implications of information collection, analysis, and intelligence sharing. Each agency must have an organized mechanism to receive and manage intelligence as well as a mechanism to report and share critical information with other law enforcement agencies. In addition, it is essential that law enforcement agencies develop lines of communication and information-sharing protocols with the private sector, particularly those related to the critical infrastructure, as well as with those private entities that are potential targets of terrorists and criminal enterprises. Not every agency has the staff or resources to create a formal intelligence unit, nor is it necessary in smaller agencies. This document will provide common language and processes to develop and employ an intelligence capacity in SLTLE agencies across the United States as well as articulate a uniform understanding of concepts, issues, and terminology for law enforcement intelligence (LEI). While terrorism issues are currently most pervasive in the current discussion of LEI, the principles of intelligence discussed in this document apply beyond terrorism and include organized crime and entrepreneurial crime of all forms. Drug trafficking and the associated crime of money laundering, for example, continue to be a significant challenge for law enforcement. Transnational computer crime, particularly Internet fraud, identity theft cartels, and global black marketeering of stolen and counterfeit goods, are entrepreneurial crime problems that are increasingly being relegated to SLTLE agencies to investigate simply because of the volume of criminal incidents. Similarly, local law enforcement is being increasingly drawn into human trafficking and illegal immigration enterprises and the often associated crimes related to counterfeiting of official documents, such as passports, visas, driver's licenses, Social Security cards, and credit cards. All require an intelligence capacity for SLTLE, as does the continuation of historical organized crime activities such as auto theft, cargo theft, and virtually any other scheme that can produce profit for an organized criminal entity. To be effective, the law enforcement community must interpret intelligence-related language in a consistent manner. In addition, common standards, policies, and practices will help expedite intelligence sharing while at the same time protecting the privacy of citizens and preserving hard-won community policing relationships.~
This collection represents the first sustained attempt to grapple with the complex and often paradoxical relationships between surveillance and democracy. Is surveillance a barrier to democratic processes, or might it be a necessary component of democracy? How has the legacy of post 9/11 surveillance developments shaped democratic processes? As surveillance measures are increasingly justified in terms of national security, is there the prospect that a shadow "security state" will emerge? How might new surveillance measures alter the conceptions of citizens and citizenship which are at the heart of democracy? How might new communication and surveillance systems extend (or limit) the prospects for meaningful public activism? Surveillance has become central to human organizational and epistemological endeavours and is a cornerstone of governmental practices in assorted institutional realms. This social transformation towards expanded, intensified and integrated surveillance has produced many consequences. It has also given rise to an increased anxiety about the implications of surveillance for democratic processes; thus raising a series of questions – about what surveillance means, and might mean, for civil liberties, political processes, public discourse, state coercion and public consent – that the leading surveillance scholars gathered here address.
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law which protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This report provides a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326. Extensive appendices. This is a print on demand publication.
How should we think about the problems of privacy and free speech? Neil Richards argues that when privacy and free speech truly conflict, free speech should almost always win, but contends that, contrary to conventional wisdom, speech and privacy are only rarely in conflict.
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 194 countries and 14 territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.