In Mayfield v. United States, U.S. District Judge Ann Aiken (District of Oregon) held that parts of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were altered by the USA Patriot Act in 2001, are unconstitutional. The case was brought by Brandon Mayfield, a who was put under extensive surveillance and then detained for two weeks because the FBI suspected him of involvement in the Madrid train bombing of 2004. The FBI thought Mayfield’s fingerprint was at the scene of the bombing, but it was gravely mistaken. According to the AP:
The Lives of Others
I recently saw The Lives of Others and was thoroughly impressed with this film. After having seen the amazing Pan’s Labyrinth, I was stunned that another movie could win the Oscar for best foreign film of 2006 (one of the rare categories in the Oscars where worthy films actually win). But after finally seeing it, I now know why. It’s a spectacular film.
The Do Not Call List’s Memory Lapse
So you signed up for the federal Do Not Call List and expect not to receive any more of those annoying telemarketing calls ever again. Think again. Signing up expires after 5 years, so if you signed up back when the list first came into existence, you’ll need to sign up all over again soon. It’s the FTC’s way of making us feel like Sisyphus. Lame.
Can the TB Patient Sue the CDC?
End Life Tenure for Supreme Court Justices?
It’s an old debate, but an important issue: Should U.S. Supreme Court justices have life tenure? Linda Greenhouse has an interesting article in the New York Times:
The FBI’s New Surveillance System
Remember the good old days, when the FBI used tools such as Carnivore, the device that sifted through email traffic at ISPs. The FBI renamed the device DCS-1000 to sound less ominous and mean, but the name Carnivore stuck. Later on, Carnivore no longer became necessary, as ISPs could deliver the goods to the FBI without its help. Attention then shifted to the NSA, the new king of surveillance.
The Problems With Terrorist Watch Lists
From the Washington Post:
The government’s terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list’s effectiveness.
A range of state, local and federal agencies as well as U.S. embassies overseas rely on the database to pinpoint terrorism suspects, who can be identified at borders or even during routine traffic stops. The database consolidates a dozen government watch lists, as well as a growing amount of information from various sources, including airline passenger data. The government said it was planning to expand the data-sharing to private-sector groups with a “substantial bearing on homeland security,” though officials would not be more specific.
Congress, the President, and NSA Surveillance
Congress recently passed a broad authorization of the NSA surveillance program, bowing to pressure from President Bush. From the New York Times:
Racing to complete a final rush of legislation before a scheduled monthlong break, the House voted 227 to 183 to endorse a measure the Bush administration said was needed to keep pace with communications technology in the effort to track terrorists overseas. . . .
There was no indication that lawmakers were responding to new intelligence warnings. Rather, Democrats were responding to administration pleas that a recent secret court ruling had created a legal obstacle in monitoring foreign communications relayed over the Internet.
They also appeared worried about the political repercussions of being perceived as interfering with intelligence gathering.
Bye Bye to the Billable Hour?
In the August issue of the ABA Journal, Scott Turow calls for an end to the billable hour [link no longer available]:
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CCTV as Entertainment
Britain has implemented an extensive video surveillance system called Closed Circuit Television (CCTV), with over 4 million cameras watching over public areas. The purpose of the cameras is for officials in monitoring centers to watch for suspicious behavior and dispatch the police if they see crime developing. CCTV footage has also been used to investigate crimes. For more about CCTV, see this great article by my colleague, Jeffrey Rosen.
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