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 Decade: 2010-2019
 Collection: Congressional Research Service Reports
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. digital.library.unt.edu/ark:/67531/metadc463160/
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. digital.library.unt.edu/ark:/67531/metadc505388/
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. digital.library.unt.edu/ark:/67531/metadc103138/
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. digital.library.unt.edu/ark:/67531/metadc491355/
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. digital.library.unt.edu/ark:/67531/metadc491390/
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. digital.library.unt.edu/ark:/67531/metadc462927/
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. digital.library.unt.edu/ark:/67531/metadc462980/
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. digital.library.unt.edu/ark:/67531/metadc501809/
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. digital.library.unt.edu/ark:/67531/metadc96711/
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. digital.library.unt.edu/ark:/67531/metadc227796/
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. digital.library.unt.edu/ark:/67531/metadc84081/
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. digital.library.unt.edu/ark:/67531/metadc122322/
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. digital.library.unt.edu/ark:/67531/metadc282353/
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. digital.library.unt.edu/ark:/67531/metadc332985/
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. digital.library.unt.edu/ark:/67531/metadc463259/
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. digital.library.unt.edu/ark:/67531/metadc462745/
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. digital.library.unt.edu/ark:/67531/metadc462059/
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. digital.library.unt.edu/ark:/67531/metadc491150/
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. digital.library.unt.edu/ark:/67531/metadc491100/
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. digital.library.unt.edu/ark:/67531/metadc463492/
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. digital.library.unt.edu/ark:/67531/metadc462565/
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. digital.library.unt.edu/ark:/67531/metadc462149/
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. digital.library.unt.edu/ark:/67531/metadc503713/
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. digital.library.unt.edu/ark:/67531/metadc503494/
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. digital.library.unt.edu/ark:/67531/metadc31370/
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. digital.library.unt.edu/ark:/67531/metadc83979/
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). digital.library.unt.edu/ark:/67531/metadc99041/
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). digital.library.unt.edu/ark:/67531/metadc227714/
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. digital.library.unt.edu/ark:/67531/metadc99040/
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. digital.library.unt.edu/ark:/67531/metadc84063/
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. digital.library.unt.edu/ark:/67531/metadc103198/
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. digital.library.unt.edu/ark:/67531/metadc94070/
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. digital.library.unt.edu/ark:/67531/metadc227713/
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. digital.library.unt.edu/ark:/67531/metadc227807/
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. digital.library.unt.edu/ark:/67531/metadc99059/
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken. digital.library.unt.edu/ark:/67531/metadc272129/
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. digital.library.unt.edu/ark:/67531/metadc284518/
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants and also discusses notable circuit court opinions addressing issues of ongoing relevance. digital.library.unt.edu/ark:/67531/metadc287956/
Search and Seizure Cases in the October 2012 Term of the Supreme Court
The Supreme Court decided four search and seizure cases during its October 2012 term: Florida v. Jardines, Florida v. Harris, Bailey v. United, and Missouri v. McNeely. This report discusses the prior precedents in each case as well as the decision reached by the Court. digital.library.unt.edu/ark:/67531/metadc462605/
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology
This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iran, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action. digital.library.unt.edu/ark:/67531/metadc491379/
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. digital.library.unt.edu/ark:/67531/metadc490864/
Detention of U.S. Persons as Enemy Belligerents
This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons. digital.library.unt.edu/ark:/67531/metadc462046/
Detention of U.S. Persons as Enemy Belligerents
This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants." digital.library.unt.edu/ark:/67531/metadc463062/
Satellite Surveillance: Domestic Issues
This report 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, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. digital.library.unt.edu/ark:/67531/metadc505645/
Human Rights in China: Trends and Policy Implications
This report analyzes China's mixed record on human rights, major human rights issues, PRC human rights legislation, and the development of civil society, legal awareness, and social and political activism. This report discusses major areas of interest but does not provide an exhaustive account of all human rights abuses or related incidents. digital.library.unt.edu/ark:/67531/metadc503345/
U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology
This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iraq, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action. digital.library.unt.edu/ark:/67531/metadc503540/
Immigration-Related Detention: Current Legislative Issues
This report discusses issues for Congress in regards to the potential reform of the nation's immigration system. The detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States. digital.library.unt.edu/ark:/67531/metadc505430/
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. digital.library.unt.edu/ark:/67531/metadc503404/
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases. digital.library.unt.edu/ark:/67531/metadc99006/
Iraq: Politics, Governance, and Human Rights
Iraq's political transition from the dictatorship of Saddam Hussein to a plural polity that encompasses varying sects and ideological and political factions has been accomplished through a series of elections that began in 2005. However, disputes regarding various communities' claims on power and economic resources has contributed to popular frustration and continued political unrest. This report discusses these issues. digital.library.unt.edu/ark:/67531/metadc40258/
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