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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: Key Recommendations of the 9/11 Commission
Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions.
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.
Privacy Law and Online Advertising: Legal Analysis of Data Gathering By Online Advertisers Such As Double Click and NebuAd
This report discusses privacy issues arising from so called "e-havioral" advertising. This individual behavioral targeting has raised a number of privacy concerns.
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.
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.
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.
Privacy Protection for Customer Financial Information
Title V of the Gramm-Leach-Bliley Act of 1999 (P.L. 106-102, H.Rept. 106-434) requires financial institutions to provide their customers with notice of their privacy policies, including those relating to sharing of customer information with affiliated entities. It prohibits sharing personally identifiable customer information with non-affiliated third parties and prohibits financial institutions from providing account numbers to non-affiliated third parties for marketing purposes.
Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection for Customer Financial Information
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Privacy Protection: Mandating New Arrangements to Implement and Assess Federal Privacy Policy and Practice
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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.
Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws
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Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws
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"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534
In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Property Rights: Comparison of H.R. 9 as Passed and S. 605 as Reported
The leading property rights bills in the Congress are the Contract with America-derived H.R. 9 (Division B), as passed by the House in March, 1995, and S. 605, as reported from the Committee on the Judiciary.
Property Rights: House Judiciary Committee Reports H.R. 2372
On March 9, 2000, the House Committee on the Judiciary reported favorably H.R. 2372. The bill, titled "Private Property Rights Implementation Act of 2000," is aimed principally at lowering the threshold barriers of ripeness and abstention encountered when land owners file in federal court challenging local government actions as "takings." (1) Under the Fifth Amendment's Takings Clause (which applies to state and local, not only federal, actions), private property may not be "taken" for public use without just compensation.
The Property Rights Implementation Act of 1998
On July 7, 1998, Senator Hatch introduced S. 2271, the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S. 2271 retains the basic "process" approach of its predecessor, but makes numerous changes. Among these are a restriction of H.R. 1534's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different restrictions on district court abstention, and new provisions as to attorneys fees and prior notice applicable to parties suing local governments for takings under 42 U.S.C. sec. 1983.
The Property Rights Issue
The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
Property Rights "Takings": Justice O'Connor's Opinions
When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings law. Rather she preferred an ad hoc case-by-case approach, as embodied in the Penn Central test for regulatory takings, whose current dominance she helped to establish. The remainder of the report reviews her takings-related writings for the Court.
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying
This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying
This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
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.
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.
Race-Based Civil Dentention for Security Purposes
The current crisis has caused concern that measures implemented to fight terrorism will have a disproportionately negative effect on innocent Arab-Americans, Muslims, and aliens with ties to the Middle East. The purpose of this report is to address the issues surrounding race-based civil detention for security purposes.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
This report details the legislative, political, and legal contexts of H.J.Res 78 (Religious Freedom Amendment) and analyzes its legal effect.
The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
This report briefly summarizes Employment Division, Oregon Department of Human Resources v. Smith, the legislative history of the Religious Freedom Restoration Act (RFRA), the Supreme Court's decision in City of Boerne, Texas v. Flores, and RFRA's current legal status, and notes the introduction of the Religious Liberty Protection Act (RLPA).
Religious Persecution Abroad: Congressional Concerns and Actions
The 105 Congress has sought to raise the priority of combating religious persecution worldwide among U.S. foreign policy objectives. The difficulty has been in agreeing on legislation that would effectively deal with religious persecution without adversely affecting other important U.S. interests. On May 14, 1998, the House passed H.R. 2431 (the Freedom from Religious Persecution Act of 1998) establishing in the State Department a Director of the Office of Religious Persecution Monitoring who is to issue an annual report assessing religious persecution abroad. The legislation places sanctions on countries and groups that carry out or permit such activities. The Senate may soon consider S. 1868 establishing an office in the Department of State to monitor religious persecution headed by an Ambassador at Large and requiring the President to take some action from a broad list of options against countries found engaging in or tolerating religious persecution.
Restrictions on Minors' Access to Material on the Internet
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Russia's Religion Law: Assessments and Implications
This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not discriminated against religious groups in violation of its international commitments. The determination was released on May 26, 1998, finding that Russia has not violated such commitments, but that U.S. officials would continue to monitor the situation.
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.
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.
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. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a "search" within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by suggesting policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.
Science, Technology, and American Diplomacy: Background and Issues for Congress
is report analyzes China's mixed record on human rights -- major human rights problems, new 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.
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.
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.
Sexual Violence in African Conflicts
This report focuses on conflicts in Africa in which sexual violence is reported to be widespread or systematic. It describes the context in which such violence takes place, selected cases where it is currently occurring, and U.S. policy responses. The report concludes with a discussion of potential policy considerations, including the design and effectiveness of U.S. programs; coordination between agencies and between international donors; and the question of whether policy responses to sexual violence can be separated from the broader context in which such violence occurs. The report includes a detailed case study of DRC, which has drawn particular attention from the Obama Administration and the 111th Congress.
Social Unrest in China
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The "Son of Sam" Case: Legislative Implications
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
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.
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.
Tax Return Confidentiality
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Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
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