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Warrantless-search legislation moves forward.(Inside Track)
The bill amending the Foreign Intelligence Surveillance Act (FISA) would allow the government to engage in massive collection of American citizens' communications without a search warrant, clearly in violation of the Fourth Amendment, is moving forward in the Senate, after having been passed by the House on June 20. In February, the Senate had passed similar legislation (see Senate vote #25 in "The Freedom Index" in this issue of TNA), but the House did not do likewise and the legislation stalled. More recently a compromise between the Bush administration and congressional leaders breathed new life into the legislation.
Opponents of the bill say that the compromise, like the earlier version, will legalize the illegal warrantless surveillance carried out under the Bush administration's orders between 2001 and 2007. The bill would also dismiss the approximately 40 lawsuits against telecommunications companies that provided customer ...
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[ILLUSTRATION OMITTED] On February 12, the U.S. Senate approved, by a 68-29 vote, espionage legislation that would expand the government's authority to intercept international...
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- Magazine article from: Iowa Law Review Lynch, Matthew January 1, 2006 700+ words
I. INTRODUCTION II. ONE FOURTH AMENDMENT BEYOND THE SCHOOLHOUSE GATE, ANOTHER WITHIN IT A. SEARCHES UNDER THE FOURTH AMENDMENT 1. Pre-T.L.O. Principles 2. The Fourth Amendment After T.L.O.: The "Special Needs" Exception and...
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- Magazine article from: Michigan Law Review Kerr, Orin S. March 1, 2004 700+ words
...CONTENTS INTRODUCTION I. THE FOURTH AMENDMENT AND THE DEFERENCE NORM...Property Law and the Fourth Amendment B. Katz v. United States...and Kyllo E. Why the Fourth Amendment Alone Cannot Protect Privacy...
