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In Re Terrorist Attacks on September 11, 2001: Dismissals of Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)
This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the recent court of appeals decision.
In Re Terrorist Attacks on September 11, 2001: Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)
This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the court of appeals decision. It also discusses legislative efforts to address these issues(S. 1535 and H.R. 3143).
The National Counterterrorism Center (NCTC)—Responsibilities and Potential Congressional Concerns
This report looks at inadequacies present in the National Counterterrorism Center (NCTC) which prevent the Center from adequately performing its duty. These inadequacies include issues with agency organization, lack of resources, and a focus on threats from Yemen over domestic threats.
"Nosal" Parts 1 & 2: Password Sharing May Be a Federal Crime & Circuit Split on Restitution for Attorney's Fees
This report discusses the case of "Nosal v. United States" and charges against Nosal for fraud, stealing trade secrets, and access without authorization charges under the Computer Fraud and Abuse Act (CFAA). The charges under the CFAA are discussed in-depth along with implications for consensual password sharing being covered under the act. Restitution of attorneys fees in the case by Nosal are also discussed.
Terrorist Material Support: An Overview of 18 U.S.C. §2339A and §2339B
This report discusses the two federal material support statutes that have been at the heart of the Justice Department's terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists (18 U.S.C. 2339A); the other outlaws providing material support to certain designated terrorist organizations (18 U.S.C. 2339B). They share a common definition of the term "material support," some aspects of which have recently come under constitutional attack.
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).
DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues
This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field.
Former U.S. Hostages of Iran to be Eligible for Compensation
This legal sidebar briefly discusses the U.S. victims of the 1979-1981 Iran Hostage Crisis, who will become eligible to receive up to $4.4 million each in compensation, thanks to the Justice for United States Victims of State Sponsored Terrorism Act.
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.
Reauthorizing the Office of National Drug Control Policy: Issues for Consideration
This report provides a discussion of the National Drug Control Strategy, the National Drug Control Budget, and the Office of National Drug Control Policy's (ONDCP's) evaluation of the National Drug Control Strategy implementation. It then provides an analysis of selected legislative and oversight issues that Congress may consider when debating the reauthorization of ONDCP. Policymakers may question the status of the war on drugs, whether drug use should be seen as more of a law enforcement issue or a public health issue, and whether drug control resources are more effective when directed toward prevention and treatment or toward law enforcement. Another issue for consideration is whether the National Drug Control Budget--as currently conceived--represents a comprehensive view of federal drug control activities in the United States. Further, Congress may exercise oversight over ONDCP's means of evaluating the nation's federal drug control programs.
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.
Overview of Selected Federal Criminal Civil Rights Statutes
Federal criminal civil rights laws impose criminal penalties for deprivation of certain federal rights, privileges, or immunities. These laws prohibit hate crimes based on race, color, religion, or national origin; the burning of places of worship; violence against health care providers; and the transport of persons (particularly women and children) for the purpose of enslavement or forced labor. Some of these laws require a discriminatory motivation while others, such as human trafficking, do not. Some cover offenders acting "under color of any law." The Federal Bureau of Investigation investigates alleged violations. Punishments can range from a fine to lifetime imprisonment; in some cases the death penalty may be imposed, depending upon the circumstances and the resulting injury, if any. This report provides a brief summary of selected federal criminal civil right statutes.
Cybersecurity: Authoritative Reports and Resources, by Topic
Cybersecurity vulnerabilities challenge governments, businesses, and individuals worldwide. Attacks have been initiated by individuals, as well as countries. Targets have included government networks, military defenses, companies, or political organizations, depending upon whether the attacker was seeking military intelligence, conducting diplomatic or industrial espionage, or intimidating political activists. This report provides links to selected authoritative resources related to cybersecurity issues.
Special Prosecutors: Investigations and Prosecutions of Police Use of Deadly Force
This legal sidebar discusses the suggestion to appoint a special prosecutor to investigate cases of alleged law enforcement criminality.
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.
Organized Crime: An Evolving Challenge for U.S. Law Enforcement
This report provides an analysis of how organized crime has capitalized on globalization by using borders as opportunities, relying on fast-paced technological change, and adapting its organizational structures. It illustrates how these transformations can impact U.S. persons, businesses, and interests. The report includes a discussion of how U.S. law enforcement conceptualizes organized crime in the 21st century and concludes by examining potential issues for Congress, including the extent to which organized crime is a national security threat (partly to be tackled by U.S. law enforcement agencies), congressional oversight regarding the federal coordination of organized crime investigations, and the utility of current resources appropriated to combat organized crime.
Ricin: Technical Background and Potential Role in Terrorism
This report describes what ricin is, how it is made, its effects, examples of its use, its potential for use as a bioterror weapon, and how its possession is currently regulated.
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. "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.
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the Trafficking Victims Protection Act of 2000 (TVPA) and its subsequent reauthorizations.
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking.
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.
Organized Crime in the United States: Trends and Issues for Congress
This report provides a background on organized crime in the United States as well as the tools that Congress has afforded for the federal government to combat it. It outlines the trends in federal efforts to investigate and prosecute organized crime. The report then discusses the evolving nature of organized crime, including the domestic impact of organized crime, prominent organized crime groups, and their illegal activities affecting the United States. It concludes with a discussion of issues that Congress may wish to consider, including the attention the federal government allocates to organized crime matters, the multilateral efforts to combat organized crime, and issues surrounding a potential nexus between organized crime and terrorism.
Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations
This report discusses Information-sharing programs developed by Treasury's Financial Crimes Enforcement Network (FINCEN) designed to aid law enforcement investigation and prosecution of money laundering and terrorist financing.
Securing America's Borders: The Role of the Intelligence Community
Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however.
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