United States Attorneys' Manual


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USA PATRIOT Act


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Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court


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The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.




Privacy in the Digital Age


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A collection of expert essays examines the privacy rights that have been lost in the post-9/11 era—giving students and others the knowledge they need to take back their constitutional protections. This timely two-volume collection shares information every citizen should have, tackling the erosion of privacy rights engendered by the ability of digital technology to intercept, mine, and store personal data, most often without the knowledge of those being monitored. Examining its subject through the lens of Fourth Amendment rights, the work focuses on technological advances that now gather personal data on an unprecedented scale, whether by monitoring social media, tracking cell phones, or using thermal imaging to watch people's movement. It also examines the possible impact of the widespread gathering of such data by law enforcement and security agencies and by private corporations such as Google. Organized by hot-button topics confronting U.S. citizens in the post-9/11 era, the work reviews the original intent of the Fourth Amendment and then traces the development and erosion of interpretations of that amendment in the 21st century. Topical essays offer a comprehensive treatment and understanding of current Fourth Amendment issues, including those that have been brought before the courts and those relative to the continuing governmental and societal emphasis on security and public safety since the Columbine shootings in 1999 and the events of September 11, 2001.










Deep State


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There is a hidden country within the United States. It was formed from the astonishing number of secrets held by the government and the growing ranks of secret-keepers given charge over them. The government secrecy industry speaks in a private language of codes and acronyms, and follows an arcane set of rules and customs designed to perpetuate itself, repel penetration, and deflect oversight. It justifies itself with the assertion that the American values worth preserving are often best sustained by subterfuge and deception. Deep State, written by two of the country's most respected national security journalists, disassembles the secrecy apparatus of the United States and examines real-world trends that ought to trouble everyone from the most aggressive hawk to the fiercest civil libertarian. The book: - Provides the fullest account to date of the National Security Agency’s controversial surveillance program first spun up in the dark days after 9/11. - Examines President Obama's attempt to reconcile his instincts as a liberal with the realities of executive power, and his use of the state secrets doctrine. - Exposes how the public’s ubiquitous access to information has been the secrecy industry's toughest opponent to date, and provides a full account of how WikiLeaks and other “sunlight” organizations are changing the government's approach to handling sensitive information, for better and worse. - Explains how the increased exposure of secrets affects everything from Congressional budgets to Area 51, from SEAL Team Six and Delta Force to the FBI, CIA, and NSA. - Assesses whether the formal and informal mechanisms put in place to protect citizens from abuses by the American deep state work, and how they might be reformed.