Review of the Federal Bureau of Investigation's Use of Exigent Letters and Other Informal Requests for Telephone Records


Book Description

In 2007, the Dept. of Justice (DoJ) issued its first report on the FBI¿s use of national security letters (NSL). It described the use and effectiveness of NSLs, incl. ¿any illegal and improper use,¿ in calendar years 2003-05. In 2008, the second report assessed the corrective actions the FBI had taken in response to the 1st report. This 3rd report describes the results of the DoJ invest. of the FBI¿s use of exigent letters and other informal requests (ELR), instead of NSLs or other legal process, to obtain telephone records from employees of 3 commun. service providers. This invest. examines the extent of the FBI¿s use of ELR for such info., as well as to assess the accountability of FBI employees and supervisors who were responsible for these practices. Illus.







Privacy in the Digital Age


Book Description

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.




Anticipative Criminal Investigation


Book Description

The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.







Deep State


Book Description

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.







Constitutional Coup


Book Description

Americans have a love-hate relationship with government. Rejecting bureaucracy—but not the goods and services the welfare state provides—Americans have demanded that government be made to run like a business. Hence today’s privatization revolution. But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers’ three-branch government. What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants. Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary—rather than disposable—components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government—and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges—and sketches the outlines of—a twenty-first-century bureaucratic renaissance.







Oversight of Department of Justice and Department of Commerce


Book Description

Statement of Cynthia A. Schnedar, Acting Inspector General, Department of Justice (DoJ), about the activities and oversight work of the Office of the Inspector General (OIG) for the DoJ. The OIG has compiled a list of top management and performance challenges for DoJ annually since 1998 in an effort to provide strategic guidance for the Attorney General and top DoJ officials to take appropriate management actions. This testimony provides an overview of the top management and performance challenges for DoJ that the OIG identified during this past year. The testimony is based on reviews conducted by the OIG. This is a print on demand edition of an important, hard-to-find publication.