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The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies.
The following outline is provided as an overview of and introduction to law:
Privacy is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it.
The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.
Secrecy is the practice of hiding information from certain individuals or groups who do not have the "need to know", perhaps while sharing it with other individuals. That which is kept hidden is known as the secret.
A pen register, or dialed number recorder (DNR), is a device that records all numbers called from a particular telephone line. The term has come to include any device or program that performs similar functions to an original pen register, including programs monitoring Internet communications.
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved alleged military secrets, was the first case that saw formal recognition of the privilege.
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title II: Enhanced Surveillance Procedures granted increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, December 31, 2005, for most of the title's provisions. This was extended twice: on December 22, 2005 the sunset clause expiration date was extended to February 3, 2006 and on February 2 of the same year it was again extended, this time to March 10.
The following are controversial invocations of the USA PATRIOT Act. The stated purpose of the Act is to "deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes." One criticism of the Act is that "other purposes" often includes the detection and prosecution of non-terrorist alleged future crimes.
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In United States constitutional law, expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
The anti-gag statute is a little-known legal boundary in the long struggle in the United States between Executive Branch secrecy and the United States Congress and the public's right to know. Since 1988, the statute has been an annual appropriations restriction drawing the line on Executive branch efforts to limit whistleblowing disclosures to information that is specifically identified in advance as classified. The anti-gag statute requires a mandatory, specifically worded addendum on any nondisclosure policy, form or agreement to legally spend money to implement or enforce the gag order.
Barton David Gellman is an American author and journalist known for his reports on the September 11 attacks, on Dick Cheney's vice presidency, and on the global surveillance disclosure. Beginning in June 2013, he authored The Washington Post's coverage of the U.S. National Security Agency, based on top secret documents provided to him by ex-NSA contractor Edward Snowden. He published a book for Penguin Press on the rise of the surveillance-industrial state in May 2020, and joined the staff of The Atlantic.
Claire Veronica Eagan is a senior United States district judge of the United States District Court for the Northern District of Oklahoma and a former Judge of the United States Foreign Intelligence Surveillance Court. Effective February 12, 2020, Chief Justice John G. Roberts appointed Judge Eagan as the chair of the Executive Committee of the Judicial Conference.
Jameel Jaffer is a Canadian human rights and civil liberties attorney and the inaugural director of the Knight First Amendment Institute at Columbia University, which was created to defend the freedoms of speech and the press in the digital age. The Institute engages in "strategic litigation, research, and public education." Among the Knight Institute's first lawsuits was a successful constitutional challenge to President Trump's practice of blocking critics from his Twitter account.
James Emanuel "Jeb" Boasberg is the chief judge of the United States District Court for the District of Columbia. He served as the presiding judge of the United States Foreign Intelligence Surveillance Court from 2020 to 2021 and is a former associate judge on the Superior Court of the District of Columbia.
The Justice and Security Act 2013 is an Act of the Parliament of the United Kingdom, firstly to provide for oversight of the Security Service (MI5), the Secret Intelligence Service (MI6), the Government Communications Headquarters (GCHQ), and other parts of the UK intelligence community, on intelligence or security matters; secondly to provide for the establishment of closed material procedures (CMP) in relation to certain civil proceedings; and thirdly to prevent the making of court orders for the disclosure of what the government deems to be sensitive information.
Open justice is a legal principle that requires that judicial proceedings be conducted in a transparent manner and with the oversight of the people, so as to safeguard the rights of those subject to the power of the court and to allow for the scrutiny of the public in general. The term has particular emphasis in legal systems based on British law, such as in the United Kingdom, Commonwealth countries such as South Africa and Canada and Australia, and former British colonies such as the United States. The term has several closely related meanings: it is seen as a fundamental right guaranteeing liberty; it describes guidelines for how courts can be more transparent; and it sometimes identifies an ideal situation. In a courtroom, it means steps to promote transparency such as letting the public see and hear trials as they happen in real time, televising trials as they happen, videotaping proceedings for later viewing, publishing the content and documents of court files, providing transcripts of statements, making past decisions available for review in an easy-to-access format, publishing decisions, and giving reporters full access to files and participants so they can report what happens. The principle includes efforts to try to make what happens in the court understandable to the public and the press.
The New York City Police Department (NYPD) actively monitors public activity in New York City, New York, United States. Historically, surveillance has been used by the NYPD for a range of purposes, including against crime, counter-terrorism, and also for nefarious or controversial subjects such as monitoring political demonstrations, activities, and protests, and even entire ethnic and religious groups.
References
- 1 2 Rudesill, Dakota (2015). "Coming to Terms With Secret Law" (PDF). Harvard National Security Journal. 7 (1): 249.
- 1 2 Goitein, Elizabeth (October 18, 2016). The New Era of Secret Law, Brennan Center for Justice. Retrieved 15 June 2016.
- 1 2 Goitein, Elizabeth (October 18, 2016). "Secret Law", Brennan Center for Justice. Retrieved 11 June 2023.
- ↑ "The Arrival of Secret Law". FAS Project on Government Secrecy. 14 November 2004. Retrieved 7 February 2010.
- ↑ Ackerman, Spencer (25 May 2011). "There's a Secret Patriot Act, Senator Says". Wired . Retrieved 26 May 2011.
- ↑ "'It's really shocking': UK cities refusing to reveal extent of pseudo-public space". The Guardian. 26 September 2017. Retrieved 26 September 2017.
- ↑ Whitehead, John W. (23 July 2013). "Kafka's America: Secret Courts, Secret Laws, and Total Surveillance". HuffPost . Retrieved 31 January 2020.