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American Jihadist Terrorism: Combating a Complex Threat: This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, "homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
Protecting Classified Information and the Rights of Criminal Defendants: The Classified Information Procedures Act: A criminal prosecution involving classified information may cause tension between the government's interest in protecting classified information and the criminal defendant's right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose classified information in an effort to gain leverage. Concerns about this practice, referred to as "graymail," led the 96th Congress to enact the Classified Information Procedures Act to provide uniform procedures for prosecutions involving classified information.
Extraterritorial Application of American Criminal Law: Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise.
Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws: The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act.
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress: This report explores current foreign policy issues confronting U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts. The 112th Congress has introduced and taken action on several bills related to human trafficking. Given recent challenges in balancing budget priorities, the 112th Congress may choose to consider certain aspects of this issue further, including the effectiveness of international anti-trafficking projects, interagency coordination mechanisms, and the monitoring and enforcement of anti-trafficking regulations, particularly as they relate to the activities of U.S. government contractors and subcontractors operating overseas.
Cybersecurity: Authoritative Reports and Resources: Cybersecurity vulnerabilities challenge governments, businesses, and individuals worldwide. Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues and will be updated as needed.
The Domestic Terrorist Threat: Background and Issues for Congress: In the last decade, domestic terrorists-people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements-have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under terrorism statutes. This report discusses domestic terrorism's significance to policymakers per five topics: level of activity, use of nontraditional tactics, exploitation of the internet, decentralized nature of the threat, and prison radicalization. The report also discusses three areas that Congress may consider the federal role of combating such activities: the issue of definitions, adequacy of domestic terrorism intelligence collection efforts, and the value of community outreach driven efforts to quell terrorism related radicalization in the United States.
Gun Control Legislation: A look at past gun control legislation and also how recent events (such as the shooting in Tucson, AZ on January 8, 2011 which notably wounded Rep. Gabrielle Giffords) have influenced current legislation. This report concludes with discussion of other salient and recurring gun control issues that have generated past congressional interest.
Crime Victims' Rights Act: A Summary and Legal Analysis of 18 U.S.C. 3771: An overview of rights afforded to federal crime victims. The report describes who qualifies for these rights and follows with a description of the rights.
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court: The initiation of military commission proceedings against Khalid Sheik Mohammad and four others for their alleged involvement in the 9/11 terrorist attacks has focused renewed attention on the differences between trials in federal court and those conducted by military commission. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
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. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Identity Theft: Trends and Issues: In 2010, about 8.1 million Americans were reportedly victims of identity fraud, and the average identity fraud victim incurred a mean of $631 in costs as a result of the fraud—the highest level since 2007. Identity theft is often committed to facilitate other crimes such as credit card fraud, document fraud, or employment fraud, which in turn can affect not only the nation's economy but its security. Consequently, in securing the nation and its economic health, policy makers are also tasked with reducing identity theft and its impact.
The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law Enforcement: Globalization and technological innovation have fostered the expansion of both legitimate and criminal operations across physical borders as well as throughout cyberspace. U.S. law enforcement has increasingly relied on intelligence-led policing, enhanced interagency cooperation, and technological implementation to confront 21st century crime. Issues for Congress are how it can leverage its legislative and oversight roles to bolster U.S. law enforcement's abilities to confront modern-day crime. It may also examine whether federal law enforcement is utilizing existing mechanisms to effectively coordinate investigations and share information.
Cybersecurity: Cyber Crime Protection Security Act (S. 2111)—A Legal Analysis: The Cyber Crime Protection Security Act (S. 2111) would enhance the criminal penalties for the cyber crimes outlawed in the Computer Fraud and Abuse Act (CFAA). Those offenses include espionage, hacking, fraud, destruction, password trafficking, and extortion committed against computers and computer networks. S. 2111 contains some of the enhancements approved by the Senate Judiciary Committee when it reported the Personal Data Privacy and Security Act (S. 1151), S.Rept. 112-91 (2011).
Cybersecurity: Authoritative Reports and Resources: Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues.
Terrorist Watch List Screening and Brady Background Checks for Firearms: The November 2009 shooting at Fort Hood, TX, renewed interest in terrorist watchlist screening and Brady background checks for firearms through the National Instant Criminal Background Check System (NICS). In the 110th Congress, Senator Frank Lautenberg and Representative Peter King introduced a bill based on a legislative proposal developed by DOJ that would have authorized the Attorney General to deny the transfer of firearms or the issuance of firearms (and explosives) licenses/permits to "dangerous terrorists." They reintroduced this proposal in the 111th Congress and supporters dubbed it the "Terror Gap" proposal. It was reintroduced once again in the 112th Congress. The Terror Gap proposal raises several potential issues for Congress, which are discussed in this report.
Detention of U.S. Persons as Enemy Belligerents: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. 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.
Smart Meter Data: Privacy and Cybersecurity: Fueled by stimulus funding in the American Recovery and Reinvestment Act of 2009 (ARRA), electric utilities have accelerated their deployment of smart meters to millions of homes across the United States with help from the Department of Energy's Smart Grid Investment Grant program. As the meters multiply, so do issues concerning the privacy and security of the data collected by the new technology. Smart meters must record near-real time data on consumer electricity usage and transmit the data to utilities over great distances via communications networks that serve the smart grid. Detailed electricity usage data offers a window into the lives of people inside of a home by revealing what individual appliances they are using, and the transmission of the data potentially subjects this information to interception or theft by unauthorized third parties or hackers. Unforeseen consequences under federal law may result from the installation of smart meters and the communications technologies that accompany them. This report examines federal privacy and cybersecurity laws that may apply to consumer data collected by residential smart meters.
Cybersecurity: Authoritative Reports and Resources: Cybersecurity vulnerabilities challenge governments, businesses, and individuals worldwide. Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues and will be updated as needed.
Cybercrime: Conceptual Issues for Congress and U.S. Law Enforcement: This report gives an overview of cybercrime, which can include crimes such as identity theft, payment card fraud, and intellectual property theft. The report discusses where the criminal acts exist (in both the real and digital worlds), motivations for cybercrimes, and who is committing them, as well as government definitions, strategies, and methods of tracking cybercrime.
Community Oriented Policing Services (COPS): Background and Funding: The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. Legislation introduced in the 111th Congress would reauthorize the COPS program through FY2014 and reestablish COPS as a multi-grant program. This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the COPS program.
Trafficking in Persons: U.S. Policy and Issues for Congress: Trafficking in persons (TIP) for the purposes of exploitation is believed to be one of the most prolific areas of international criminal activity and is of significant concern to the United States and the international community. This report discusses the global and ongoing problem of TIP in detail, as well as anti-TIP programs and U.S. and international efforts to combat TIP.
Latin America: Terrorism Issues: U.S. attention to terrorism in Latin America intensified in the aftermath of the September 2001 terrorist attacks on New York and Washington, with an increase in bilateral and regional cooperation. Over the past several years, policymakers have been concerned about Iran's increasing activities in Latin America, particularly its relations with Venezuela, although there has been disagreement over the extent and significance of Iran's relations with the region. In the 112th Congress, several initiatives have been introduced related to terrorism issues in the Western Hemisphere regarding Mexico, Venezuela, and the activities of Iran and Hezbollah, and several oversight hearings have been held.
Organized Crime: An Evolving Challenge for U.S. Law Enforcement: In the last two decades, organized crime has grown more complex, posing evolving challenges for U.S. federal law enforcement. These criminals have transformed their operations in ways that broaden their reach and make it harder for law enforcement to combat them. They have adopted more-networked structural models, internationalized their operations, and grown more tech savvy. They are a significant challenge to U.S. law enforcement. There still is no single agency charged with investigating organized crime in the way the Federal Bureau of Investigation (FBI) has been designated the lead investigative agency for terrorism. Further, resources to tackle this issue are divided among many federal agencies. As such, Congress may exert its oversight authority regarding the federal coordination of organized crime investigations via the 2011 strategy. Policymakers may also debate the efficacy of current resources appropriated to combat organized crime.
Detention of U.S. Persons as Enemy Belligerents: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion 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.
Cybersecurity: Authoritative Reports and Resources: This report provides links to selected authoritative resources related to cyber security issues, including: legislation, hearings in the 112th Congress, data and statistics, and cyber security glossaries.
Cybersecurity: Authoritative Reports and Resources: This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Cybersecurity: Authoritative Reports and Resources: This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Cybersecurity: Authoritative Reports and Resources: This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence: There has been an increase in the level of drug trafficking-related violence within and between the drug trafficking organizations in Mexico. This violence has generated concern among U.S. policy makers that the violence in Mexico might spill over into the United States. This report looks at the nature of the drug trafficking conflict and assessments of how the conflict could spill across the border.
U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond: Increasing violence perpetrated by drug trafficking organizations and other criminal groups is threatening citizen security and governance in Mexico. Escalating violence has increased U.S. concerns about stability in Mexico, a key political and economic ally, and about the possibility of violence spilling over into the United States. In recent years, U.S.-Mexican security cooperation has increased significantly, largely as a result of the development and implementation of the Mérida Initiative, a counterdrug and anticrime assistance package for Mexico and Central America that was first proposed in October 2007. This report looks at the funding and Congressional oversight for this Initiative.
Authority of State and Local Police to Enforce Federal Immigration Law: This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Mexico's Drug Trafficking Organizations: Source and Scope of the Rising Violence: This report provides background on drug trafficking in Mexico, identifies the major drug trafficking organizations, and analyzes the context, scope, and scale of the violence. It examines current trends of the violence, analyzes prospects for curbing violence in the future, and compares it with violence in Colombia.
DNA Databanking: Selected Fourth Amendment Issues and Analysis: This report looks at how the practice of DNA database programs, which have been looked at favorably by Congress, are in possible violation of the Fourth Amendment's prohibition on unreasonable searches and seizures. It looks at how the databases' legality has currently been holding up in court, as well as how new advances and revelations in the science of forensic analysis and databanking may have potentially significant legal implications.
FBI Directorship: History and Congressional Action: This report first provides some legislative history surrounding the enactment of the 1968 and 1976 amendments to the appointment of the FBI Director, as well as information on the nominees to the FBI Directorship since 1972. The report then discusses precedent for lengthening the tenure of an office and the constitutionality of extending the tenure of the Directorship for the current incumbent, and addresses whether it would be necessary for Mr. Mueller to be appointed a second time.
Gun Control Legislation: This report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress. The report concludes with salient issues that have generated significant congressional interest, including the 1994-2004 LCAFD ban.
Gun Control Legislation: This report looks at past gun control legislation and also how recent events (such as the shooting in Tucson, AZ on January 8, 2011 which notably wounded Rep. Gabrielle Giffords) have influenced current legislation. This report concludes with discussion of other salient and recurring gun control issues that have generated past congressional interest.
Gun Control Legislation: This report looks at past gun control legislation and also how recent events (such as the shooting in Tucson, AZ on January 8, 2011 which notably wounded Rep. Gabrielle Giffords) have influenced current legislation. This report concludes with discussion of other salient and recurring gun control issues that have generated past congressional interest.
Trafficking in Persons in Latin America and the Caribbean: This report looks at instances of trafficking in persons (TIP) in Latin America. It looks at current legislation in the U.S. to combat this problem.
Alien Smuggling: Recent Legislative Developments: This report discusses issues surrounding aliens within the United States including an overview of currently-proscribed activities, exemptions, sentencing provisions, and proposed legislative changes.
International Criminal Court Cases in Africa: Status and Policy Issues: The International Criminal Court (ICC) has, to date, opened cases exclusively in Africa. Cases concerning 25 individuals are open before the Court, pertaining to crimes allegedly committed in six African states: Libya, Kenya, Sudan (Darfur), Uganda (the Lord's Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. This report provides background on current ICC cases and examines issues raised by the ICC's actions in Africa.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law: This is an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation.
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress: This report explores current foreign policy issues confronting U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts. Given recent challenges in balancing budget priorities, the 112th Congress may choose to consider certain aspects of this issue further, including the effectiveness of international anti-trafficking projects, interagency coordination mechanisms, and the monitoring and enforcement of anti-trafficking regulations, particularly as they relate to the activities of U.S. government contractors and subcontractors operating overseas.
The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law Enforcement: This report looks at issues for Congress, such as how legislative and oversight roles can bolster U.S. law enforcement's abilities to confront modern-day crime, including operations in cyberspace. It also examines whether federal law enforcement is utilizing existing mechanisms to effectively coordinate investigations and share information.
Mail and Wire Fraud: A Brief Overview of Federal Criminal Law: This report discusses ways in which mail and wire fraud can be federal crimes and penalties for conducting such crimes. It is a federal crime to devise a scheme to defraud another of property, when either mail or wire communications are used in furtherance of the scheme. Misconduct that constitutes mail or wire fraud may also constitute a violation of one or more other federal crimes.
Proposed U.S.-Colombia Free Trade Agreement: Background and Issues: This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA; H.R. 5724 and S. 2830): violence against trade unionists, impunity (accountability for or punishment of the perpetrators), and worker rights protections for Colombians.
The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law Enforcement: This report looks at issues for Congress related to expansion of legitimate and criminal operations across physical borders and through cyberspace as a result of globalization and technological innovation. In particular, it considers how Congress can leverage its legislative and oversight roles to bolster U.S. law enforcement's abilities to confront modern-day crime and whether federal law enforcement is utilizing existing mechanisms to effectively coordinate investigations and share information.
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress: This report explores current foreign policy issues confronting U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts. Given recent challenges in balancing budget priorities, the 112th Congress may choose to consider certain aspects of this issue further, including the effectiveness of international anti-trafficking projects, interagency coordination mechanisms, and the monitoring and enforcement of anti-trafficking regulations, particularly as they relate to the activities of U.S. government contractors and subcontractors operating overseas.
Cybersecurity: Authoritative Reports and Resources: This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Cybercrime: Conceptual Issues for Congress and U.S. Law Enforcement: This report gives an overview of cybercrime, which can include crimes such as identity theft, payment card fraud, and intellectual property theft. The report discusses where the criminal acts exist (in both the real and digital worlds), motivations for cybercrimes, and who is committing them, as well as government definitions, strategies, and methods of tracking cybercrime.

Congressional Research Service Reports - 1,109 Matching Results

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