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The United Nations Human Rights Council: Issues for Congress
On March 15, 2006, the U.N. General Assembly passed a resolution replacing the Commission on Human Rights with a new Human Rights Council (the Council). The Council was designed to be an improvement over the Commission, which was widely criticized for the composition of its membership when perceived human rights abusers were elected as members. This report discusses the history of the Council, the previous participation of the Bush Administration, the current participation of the Obama Administration, and ongoing international and Congressional concerns of the credibility and effectiveness of the Council.
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.
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.
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.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the Combatant Status Review Tribunals (CSRTs) procedures. It summarizes relevant court cases and the effect of the Detainee Treatment Act, as well as pending legislation. The report also provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to detainees held at Guantanamo and elsewhere.
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment, i.e., 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.
No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
International Conflict and Property Rights: Fifth Amendment "Takings" Issues
This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Judge Samuel Alito's Opinions in Freedom of Speech Cases
This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
Judicial Redress Act 101 - What to Know as Senate Contemplates Passing New Privacy Law
This report briefly discusses the Judicial Redress Act (JRA), a bill that would amend the Privacy Act of 1974 and could have major implications on transatlantic data flows and the global economy.
The Ebola Outbreak: Quarantine and Isolation Authority
This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
Access to Government Information in the United States
The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools.
Access to Government Information in the United States: A Primer
This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resources related to transparency, secrecy, access, and nondisclosure.
U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
Treatment of "Battlefield Detainees" in the War on Terrorism
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Treatment of "Battlefield Detainees" in the War on Terrorism
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Treatment of "Battlefield Detainees" in the War on Terrorism
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Privacy Protection: Mandating New Arrangements to Implement and Assess Federal Privacy Policy and Practice
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The Privacy Act: Emerging Issues and Related Legislation
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Race-Based Civil Dentention for Security Purposes
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Treatment of "Battlefield Detainees" in the War on Terrorism
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Enemy Combatant Detainees:
In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
Detainees at Guantànamo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
Encryption Technology: Congressional Issues
This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
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Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Data Security: Protecting the Privacy of Phone Records
This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78
This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
Personal Data Security Breaches: Context and Incident Summaries
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Internet Privacy - Protecting Personal Information: Overview and Pending Legislation
The privacy of information collected by operators of World Wide Web sites is a growing issue of concern. Many in Congress and the Clinton Administration prefer to rely on industry self regulation to protect consumer privacy, but frustration at industry's slow pace led to the 1998 passage of the Children's Online Privacy Protection Act in 1998 (P.L. 105-277). This report provides a very abbreviated overview of Internet privacy issues and tracks pending legislation.
A Brief Summary of the HIPAA Medical Privacy Rule
This report provides a brief overview of the modified HIPAA Privacy rule, “Standards for the Privacy of Individually Identifiable Health Information” (“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS).
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information.
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the recently modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy rule went into effect April 14, 2001, with compliance required by April 2003 for most entities. The regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information.
A Brief Summary of the Medical Privacy Rule
On March 27, 2002 the Department of Health and Human Services (HHS) published its proposed changes to the medical privacy regulations issued by the Clinton Administration under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HHS is accepting comments on the proposed changes until April 26, 2002. This report provides an overview of the final rule for “Standards for the Privacy of Individually Identifiable Health Information” ( “privacy rule”) that went into effect on April 14, 2001, and an overview of the Bush Administration’s proposed changes to the privacy regulation.
Health Information Standards, Privacy, and Security: HIPAA's Administrative Simplification Regulations
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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 for Customer Financial Information
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Privacy Protection for Customer Financial Information
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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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China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.