Congressional Research Service Reports - 88 Matching Results
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- Privacy Law and Online Advertising
- This report will examine the application of the Electronic Communications Privacy Act and the Communications Act to online behavioral advertising in more detail. It is likely that in many cases these laws could be held to apply to such activities and that these methods of data collection would be forbidden unless consent is obtained from one of the parties to the communication.
- Congressional Authority to Regulate Firearms: A Legal Overview
- Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
- The Fifth Amendment in Congressional Investigations
- This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
- Law Enforcement Use of Global Positioning (GPS) Devices to Monitor Motor Vehicles: Fourth Amendment Considerations
- This report discusses the basics of Global Positioning System (GPS) technology, society's reliance on it, and some of the related legal and privacy implications. In addition, the report examines legislative and judicial responses on both federal and state levels.
- Search and Seizure Cases in the October 2012 Term of the Supreme Court
- Report that looks at three search and seizure cases heard during its October 2012 term.
- Privacy and Civil Liberties Oversight Board: New Independent Agency Status
- This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
- The Freedom of Information Act (FOIA): Background and Policy Options for the 113th Congress
- This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. The report also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for Congress.
- Privacy and Civil Liberties Oversight Board: New Independent Agency Status
- Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptance in the 110th Congress when the PCLOB was reconstituted as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act (IR9/11CA), signed into law on August 6, 2007. On January 5, 2011, President Obama nominated two people to serve on the board, but the Senate has not confirmed either. This report will be updated as events warrant.
- Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again
- This legal sidebar discusses certiorari to hear Voisine v. United States, a decision examining the federal provision that makes it unlawful for an individual to possess a firearm or ammunition if he or she has been convicted of a misdemeanor crime of domestic violence (MCDV).
- Freedom of Information Act (FOIA): Background and Policy Options for the 112th Congress
- The Freedom of Information Act (FOIA; 5 U.S.C. §552) enables any person to access—without explanation or justification—certain existing, identifiable, unpublished, executive branch agency records. Pursuant to FOIA, the public has presumptive access to requested agency records unless the material falls within any of FOIA's nine categories of exemption from disclosure. This report discusses FOIA's history, examines its implementation, and provides potential policy approaches for Congress.
- Privacy and Civil Liberties Oversight Board: New Independent Agency Status
- This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
- When Does Double Prosecution Count as Double Jeopardy?
- This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
- The Federal Bureau of Investigation and Terrorism Investigations
- This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
- Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now
- This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
- Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia
- This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
- Public Employees' Right to Privacy in Their Electronic Communications: City of Ontario v. Quon in the Supreme Court
- This report discusses public employees' right to privacy in their electronic communications, the supreme court case City of Ontario v. Quon.
- Preventing Gun Violence While Protecting Gun Rights: CRS Experts
- This report provides a table with names and contact information of CRS experts on policy issues related to preventing gun violence while protecting gun violence.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the United Nations Human Rights Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
- Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System
- Report that covers the history and current status of unmanned aerial vehicles (UAVs). Particular attention is paid to recent privacy implications and potential intrusiveness of drone operations that have emerged as a significant issue before Congress. It also looks at the current Federal Aviation Administration (FAA) timeline to establish six test ranges throughout the United States to study unmanned aircraft integration technical issues.
- Privacy: An Overview of the Electronic Communications Privacy Act
- Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
- Privacy: An Abridged Overview of the Electronic Communications Privacy Act
- Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structures, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
- Privacy: An Overview of the Electronic Communications Privacy Act
- This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
- Privacy: An Abridged Overview of the Electronic Communications Privacy Act
- This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
- Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
- This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
- Public Access to Data from Federally Funded Research: Provisions in OMB Circular A-110
- The results of scientific studies are used in making many governmental policy decisions. While the studies are often published, the data on which they are based may not be, even for federally funded research. Before 1999, academic and nonprofit performers of such research were permitted but not required to make their data available to the public through provisions of the Freedom of Information Act (FOIA). In October 1998, a provision in P.L. 105-277 changed that, requiring that such data be made publicly available. This report provides background on the 1999 revisions to federal policy, a discussion of the impacts of those changes, and an analysis of the issues raised by them.
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 113th Congress, including the overall effectiveness of the Council in addressing human rights situations, implications for U.S. membership, and U.S. financial contributions to the Council.
- The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues
- This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. It also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FOIA-related policy options for the 113th Congress.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions.
- Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
- This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
- Judicial Redress Act 101 - What to Know as Senate Contemplates Passing New Privacy Law
- This report briefly discusses the Judicial Redress Act (JRA), a bill that would amend the Privacy Act of 1974 and could have major implications on transatlantic data flows and the global economy.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structures, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
- The United Nations Human Rights Council: Issues for Congress
- This report provides historical background of the the United Nations (UN) Human Rights Council, including the role of the previous Commission. It discusses the Council's current mandate and structures, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
- Habeas Corpus Legislation in the 111th Congress
- This report is a brief overview of the recommendations from the Constitution Subcommittee of the House Committee on the Judiciary and legislative proposals on habeas review.
- Privacy Protections for Personal Information Online
- This report examines some of the efforts being made to protect of personal information, through federal laws and regulations. This report provides a brief overview of selected recent developments in the area of federal privacy law. This report does not cover workplace privacy laws or state privacy laws.
- Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority
- This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
- Freedom of Speech and Press: Exceptions to the First Amendment
- This report provides an overview of the major exceptions to the First Amendment--of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
- Detainee Provisions in the National Defense Authorization Bills
- This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
- No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
- This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
- The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
- This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
- U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
- This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
- The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
- This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
- The Obama Administration's Open Government Initiative: Issues for Congress
- This report reviews the objectives delineated in President Obama's Open Government Initiative (OGI) and examines the expectations placed on agencies to meet these objectives. This report reviews department and agency attempts to implement Obama Administration initiatives that seek to make the federal government more transparent, participatory, and collaborative. The report then analyzes options for congressional action in this area.
- Access to Government Information in the United States: A Primer
- This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resources related to transparency, secrecy, access, and nondisclosure.
- Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)
- This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
- Privacy Protection for Customer Financial Information
- This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
- The Obama Administration's Open Government Initiative: Issues for Congress
- This report reviews and discusses President Obama's Open Government Initiative and the Open Government Directive. The report then analyzes both agency response to the OGI and the OGD, and examines whether the OGD's requirements can meet the stated goals of the Administration. The report discusses the three central tenets of the Administration's OGD--transparency, public participation, and collaboration--and analyzes each one individually to determine whether agencies are meeting these requirements and whether the requirements may improve the effectiveness of the federal government.
- Satellite Surveillance: Domestic Issues
- Report that provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, followed by a discussion of legal considerations.