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United Nations Commission on Human Rights (UNCHR): U.S. Membership
This short report provides an overview of the U.N. Commission on Human Rights (UNCHR and Administration and Congressional responses to recent developments.
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.
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.
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.
The Alabama School Prayer Case: Chandler v. Siegelman
This report considers the events of Chandler v. James in 1997. The case was a federal district court ruling in Alabama holding up a statute to violate the establishment of religion of the First amendment. The Governor attempted to appeal the court's position to both the Supreme Court and the circuit court but was denied.
Summary of the Proposed Rule for the Privacy of Individually Identifiable Health Information
This report provides a summary of the proposed rule issued November 3, 1999 to protect the privacy of individually identifiable health information.
The 2009 Influenza A(H1N1) Outbreak: Selected Legal Issues
This report summarizes the legal issues concerning the 2009 influenza A(H1N1) outbreak. The report also includes information on how containment may occur to extrapolate the legal implications of the various ways to reduce the level of contamination. The report ultimately explores the questions that may be raised as the government implements a solution to remedy the situation.
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.
Legal Analysis of Religious Exemptions for Photo Identification Requirements
This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Freedom of Information Act (FOIA) Amendments: 109th Congress
This report addresses Freedom of Information Act (FOIA) Amendments of 109th Congress.
Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Internet Privacy: Overview and Pending Legislation
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Federal Habeas Corpus Relief: Background, Legislation, and Issues
This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation.
Federal Habeas Corpus: An Abridged Sketch
This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Data Security Breaches: Context and Incident Summaries
Personal data security breaches are being reported with increasing regularity. Within the last few years, numerous examples of data such as Social Security numbers, bank account, credit card, driver’s license numbers, and medical and student records have been compromised. A major reason for the increased awareness of these security breaches is a California law that requires notice of security breaches to the affected individuals. This law, implemented in July 2003, was the first of its kind in the nation.
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.
Invasion of Privacy in the Private Sector: A Select Bibliography
This report is the collection of a selected bibliography of invasion of privacy in the private sector.
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.
Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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