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Posts Tagged ‘Fourth Amendment’

Carpenter v. U.S. Oral Arguments Tomorrow

Tomorrow, November 29, 2017, the Supreme Court will hear oral arguments in Carpenter v. United States. At the center of the case is how historical cell site location information will be treated under the Fourth Amendment, and subsequently, the third party doctrine.  Many of you will be familiar with the case, but for those that […]

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Nov 28th, 2017 Fourth Amendment

Cyber Round Up: Surveillance Reform; DHS to mandate basic security protocols; Proposed Hack Back Bill

Surveillance “Reform”: The Fourth Amendment’s Long, Slow Goodbye (Just Security): A post on Just Security earlier this week addressed both the history of surveillance in the U.S. since 9/11 and the future of it with the looming sunset of Section 702. The post explains how, in the wake of the terrorist attacks, those in charge were […]

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District Court Grants Plaintiffs’ Motion for Preliminary Injunction Against NSA Surveillance Activities: Part III of III

Earlier this week, I looked at the D.C. District Court’s opinion in Klayman et al., v. Obama et al., in which the Court granted Plaintiffs’ motion, in part, for a preliminary injunction.  Today, that analysis continues with a closer look at the third, and possibly most important part of the Court’s opinion. The Court found that Plaintiffs […]

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FISC Permits Controversial NSA Surveillance Program to Continue: Part II of II

Yesterday’s post looked at the Foreign Intelligence Surveillance Court’s (“FISC” or “FISA Court”) recent approval of the National Security Agency (NSA) phone metadata collection program through the lens of the USA PATRIOT Act.  But the Court also spends a great deal of time on the applicability (or, as the Court determines, the inapplicability) of the […]

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Orin Kerr and Jennifer Granick Debate: Metadata and the Fourth Amendment

In keeping with the Fourth Amendment theme this week, I thought it would be timely to take a look at this interesting exchange. Jennifer Granick, Director of Civil Liberties at the Stanford Center for Internet and Society, and Professor Orin Kerr of George Washington University Law School have begun a lively debate on the constitutionality […]

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David House, DHS, and the Fourth Amendment Border Search Exception

As a supplement to yesterday’s post about David House and the controversy over the treatment of Fourth Amendment rights at the border, here’s a little summary of how constitutional law addresses electronic devices and the warrant requirement at U.S. borders. The Supreme Court has held that border searches are not subject to warrant provisions of […]

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1st Instead of 4th Amendment Challenge to NSA Data Collection

An email from the Electronic Frontier Foundation (EFF) received yesterday, 7/16/13, supports my analysis of Constitutional challenges to the collection of metadata from companies such as Verizon. In an earlier post, I responded to a friend’s Facebook post which argued: “The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal […]

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Authors

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Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Ryan D. White

Ryan D. WhiteRyan is currently a third year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic. Full biography

Shelby E. Mann

Ryan D. WhiteShelby is a second year law student at the Syracuse University College of Law. During her final year at the University of Missouri, she served as a full-time news producer for ABC 17 News. Shelby spent her first summer of law school at the Shelby County District Attorney General's Office in Memphis, Tenn., in the Public Corruption and Economic Crimes Unit. She is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and the senior editor for the Syrian Accountability Project. Full biography

Christopher w. FolkChristopher W. Folk

is a 2017 graduate of SU College of Law. A non-traditional student, Christopher returned to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering. Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Anna Maria Castillo

Anna Maria Castillois 2016 graduate of Syracuse College of Law. She also holds a Master of Arts in International Relations from Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She served as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a 2015 graduate of Syracuse College of Law and is a prosecutor. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She was a member of the Syracuse National Trial Team and was awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She wrote for this blog when a student. She is now a member of the U.S. Army Judge Advocate General's Corps.

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

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