{"id":3502,"date":"2009-11-03T08:07:01","date_gmt":"2009-11-03T07:16:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-03T07:16:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3502","title":{"rendered":"Fourth Amendment news"},"content":{"rendered":"

Privacy of e-mail<\/strong><\/p>\n

On eff.org<\/a>, the Electronic Frontier Foundation’s Jennifer Granick, New York Court Scores Over Oregon In Recent Email Privacy Opinions<\/a>, an excellent perspective of the issues.<\/p>\n

Fruit of the Poisonous tree<\/strong><\/p>\n

A discussion of “fruit of the poisonous tree”<\/a> on CYB3RCRIM3 by law professor Susan Brenner.<\/p>\n

Patriot Act Amendments<\/strong><\/p>\n

The USA Patriot Amendments Act of 2009, H.R. 3845<\/a>, was introduced October 20th, and a letter to the members of the House<\/a> from many organizations seeking the following privacy law changes to the Patriot Act:<\/p>\n

\u2022 Protect the privacy of Americans who have no ties to terrorists or spies by ensuring that national security letter authorities are used to obtain records about terrorists, spies, and other agents of foreign powers, instead of records about everyone else;<\/p>\n

\u2022 Bring procedures for challenging the gag order that often accompanies NSLs into line with the First Amendment, consistent with the December, 2008 Doe v. Mukasey decision of the 2nd Circuit;<\/p>\n

\u2022 Raise the standard for issuing pen register and trap and trace orders in criminal and intelligence investigations to ensure that the government can access telephone and email to\/from information in real time only when specific and articulable facts indicate that the records sought are relevant to an investigation;<\/p>\n

\u2022 Ensure that Americans receive timely notice that their home or office has been searched for evidence of crime, except when contemporaneous notice would threaten personal safety or result in flight, evidence tampering or witness intimidation;<\/p>\n

\u2022 Focus FISA surveillance on terrorists, spies and other agents of foreign powers by allowing the \u201clone wolf\u201d surveillance authority, which has never been used, to expire; and<\/p>\n

\u2022 Require that FISA surveillance orders that do not name the target of surveillance describe the target with sufficient particularity to allow a court to determine that the target is a particular individual.\n<\/p><\/blockquote>\n

Turkmen v. Ashcroft settles<\/strong><\/p>\n

The Center for Constitutional Rights<\/a> announced today that Turkmen v. Ashcroft<\/a> settled for $1.26M:<\/p>\n

Today, the Center for Constitutional Rights (CCR) announced that five men who had been living in New York and were ultimately deported won a $1.26 million settlement from the United States government in a case challenging post-9\/11 racial profiling, illegal detention and abuse of Muslim, Arab and South Asian men. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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