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National Security and Privacy Law After 9/11 -- Can you protect your clients' privacy from invasion by post-9/11 surveillance?
The vital issues at the intersection of national security and privacy law in the post-9/11 era are explored in this publication. With initial focus on the USA PATRIOT Act and tracking subsequent national security enactments, amendments, regulations, case law, and administrative actions that affect privacy, the publication provides timely analysis of privacy rights today and limitations on and threats to those rights.
Since the swift enactment of the USA PATRIOT Act in the aftermath of the 9/11 attack, provisions of the Act have encountered constitutional problems, raising continuing concerns about the Act's impact on privacy. Formally named the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, the surveillance and database tracking tools authorized under the Act have broad-reaching ramifications on individuals, businesses, and charities. Privacy Law and the USA PATRIOT Act was the first major treatise on the Act and continues to provide up-to-date analysis that emphasizes the practical implications, burdens and options for organizations and individuals cooperating with and subject to continually-evolving government reporting requirements, information requests, and surveillance. Topics analyzed include:
• The PATRIOT Act's Privacy Law Context and Its Relation to the United States Code and Code of Federal Regulations
• Wiretapping and Electronic Surveillance (Including the National Security Agency's Domestic Electronic Surveillance Program)
• The Relationship Among Title III Surveillance Orders, FISA Orders, National Security Letters, and Other Surveillance Authorities
• Watch Lists and Other Federal Databases on Individuals
• DNA Identification and Other Biometrics
• Bank Secrecy Act-Expanded Reporting, Inquiry and Sanction Powers
• Compliance Burdens and Liabilities for Non-Financial and Not-Traditionally-Financial Organizations (Including Charities)
• The Broken-Down "Wall:" Information Sharing Across and Beyond the Federal Government
• Tracking/Detaining/Removing Aliens and Other Border Protection Measures
• Asset Freezing, Seizure and Forfeiture
• New Terrorism Crimes
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