My office hours are Wednesday 11-12, and Thursday, 3-4. in JG642, and by appointment at other times. Please email me for an appointment, or consult my assistant, Kristie Hart, Room 603A, x42656.
On April 13, at last, we wil be ready to discuss the NSA Domestic Surveillance situation. Please read what's On the Radar in addition to past readings in Part Four.
Josh Meyer & Joseph Menn, U.S. Spying is Much Wider, Some Suspect, LA Times (archived at libertypost.org), December 26, 2005
Ryan Singel, AT&T Sued Over NSA Eavesdropping, Wired News, January 31, 2006
Declan McCullagh, AT&T sued over NSA spy program, C|Net News, January 31, 2006
Declan McCullagh & Anne Broache, Some companies helped the NSA, but which?, C|Net News, February 6, 2006
Declan McCullagh & Anne Broache, NSA eavesdropping: How it might work, C|Net News, February 7, 2006
Declan McCullagh, Yahoo on NSA surveillance: No comment, C|Net News, February 15, 2006
Bruce Schneier, AT&T's 1.9-Trillion-Call Database, Schneier on Security Blog, March 3, 2006
Ryan Singel, A Pretty Good Way to Foil the NSA, Wired News, April 3, 2006
Declan McCullagh, AT&T whistleblower claims to document illegal NSA surveillance, C|Net Politics Blog, April 6, 2006
Ryan Singel, Whistle-Blower Outs NSA Spy Room, Wired News, April 7, 2006
Whistleblower outs NSA's secret spy room at AT&T, Spam Daily News, April 8, 2006
Press Release, EFF Files Evidence in Motion to Stop AT&T's Dragnet Surveillance, EFF.org, April 6, 2006
EFF, Motion to Lodge Under Temporary Seal, April 5, 2006
For up-to-date legal documents and press releases, see EFF's Class-Action Lawsuit Against AT&T for Collaboration with Illegal Domestic Spying Program.
United States v. Reynolds, 345 U.S. 1 (1953)
Kasza v. Browner, 133 F.3d 1159, 1166 (9th Cir. 1998)
Kevin Poulsen, Secrecy Power Sinks Patent Case, Wired News, September 20, 2005
Lawrence Lessig, Reading the Constitution in Cyberspace, 43 Emory L.J. (1996)
Potter Stewart, "Or of the Press," 26 Hastings L.J. 631 (1975)
Jay Rosen, Bloggers v. Journalists is Over, PressThink, January 15, 2005
McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)
Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999)
Reno v. ACLU, 521 U.S. 844 (1997)
Brandenburg v. Ohio, 395 U.S. 444 (1969)
Feiner v. New York, 340 U.S. 315 (1951)
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)
New York Times Co. v United States, 403 U.S. 713 (1971)
New York Times v. Sullivan, 376 U.S. 254 (1964)
Hague v. CIO, 307 U.S. 496 (1939)
Universal City Studios v. Reimerdes, 111 F. Supp. 2d 294 (S.D.N.Y. 2000)
Universal City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001)
Wireless Philadelphia to Provide Free Internet, Access to Education, IP|Links, September 8, 2004
Lobbyists try to kill Philly wireless plan, MSNBC News, Nov. 23, 2004
Declan McCullagh, Philly, Verizon reach accord on city Wi-Fi plan, C|Net News.com, Dec. 1, 2004
Dianah Neff, Hands off our Wi-Fi network!, C|Net News.com, Feb. 10, 2005
Ben Charny, Wi-Fi goes (West) Hollywood, C|Net News.com, Jan. 4, 2005
Esme Vos, Nebraska Introduces Anti-Municipal Broadband Bill, MuniWireless.com, Jan. 18, 2005
Esme Vos, Texas Bill Restricts Municipal Broadband and More, MuniWireless.com, Feb. 15, 2005
Jim Hu, Indiana kills anti-muni broadband bill, C|Net News.com, Feb. 17, 2005
Esme Vos, Illinois Anti-Municipal Broadband Bill, MuniWireless.com, Feb. 21, 2005
MuniWireless, Reports on Municipal Wireless and Broadband Projects
Save Muni Wireless, Updated news on the Texas municipal wireless bill
Eric Griffith, Think Tank Trashes Municipal-Run Wireless, Wi-Fi Planet, Feb. 3, 2005
Lawrence Lessig, Why Your Broadband Sucks, Wired, March 2005
Paul Kapustka, Verizon Says Google, Microsoft Should Pay For Internet Apps, Information Week, January 5, 2006
Jeremy Pelofsky, Broadband, content firms fight over Net neutrality, Reuters, February 7, 2006
Marguerite Reardon, Without 'Net neutrality,' will consumers pay twice?, C|Net News, February 7, 2006
AOL, Yahoo Planning Postage Charges for Email, Consumer Affairs, February 5, 2006
Elinor Mills, Newsmaker: You've got (certified) mail!, C|Net News, February 13, 2006
Declan McCullagh, Election commission takes light touch with Net regs, C|Net News, March 24, 2006
Zachary A. Goldfarb & Thomas B. Edsall, Proposed FEC Rules Would Exempt Most Political Activity on Internet, Washington Post, March 25, 2006
Anne Broache, Feds approve liberal election rules for Net, C|Net News, March 27, 2006
AP, Net: A Political Free-for-All, Wired News, March 27, 2006
Vice Chairman Lenhard & Commissioner Weintraub, FEC Internet Rulemaking - Background and FAQ, Federal Election Commission, March 24, 2006
Draft of the Final Rule, Federal Election Commission, March 24, 2006
Amendments to the Final Rule, Federal Election Commission, March 27, 206
For additional information, the complete rulemaking record is located here.
Rep. Hensarling (R-TX), H.R. 1606, To amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from the definition of public communication, introduced April 13, 2005
Rep. Allen (D-ME), H.R. 4900, To amend the Federal Election Campaign Act of 1971 to exclude certain communications made over the Internet from certain requirements of such Act, and for other purposes, introduced March 8, 2006
CDT, Comparison of the Impact on Small Speakers of H.R. 1606 and H.R. 4900, Center for Democracy and Technogloy, March 15, 2006
Leslie Harris & John Morris, Hensarling Bill Would Do Too Little, and Too Much, Center for Democracy and Technology, March 14, 2006
Various, Support for H.R. 4900; Opposition to H.R. 1606, Democracy 21, March 14, 2006
CDT, CDT Endorses Bill to Protect Political Speech Online, Center for Democracy and Technology, March 15, 2006
Kos, HR 1606, the debate, Daily Kos, March 15, 2006
Jerome Armstrong, HR 4900 doesn't look good for MyDD, My DD, March 18, 2006
CDT, CDT Commends FEC For Protecting Political Speakers, Center for Democracy and Technology, March 27, 2006
Various, Statement by Reform Groups on the Internet Regulation Adopted Today by the FEC, Democracy 21, March 27, 2006
Eric Lichtblau, Top Aide Defends Domestic Spying, New York Times, February 7, 2006
Sen. Patrick Leahy, Statement, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006
Alberto Gonzales, Prepared Testimony, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006
Alberto Gonzales, Response to Questions from Chairman Specter, , February 6, 2006
A full transcript of the hearing is available here: Part I, Part II, Part III, Part IV
James Kanter, Greek cellphones tapped, International Herald Tribune, February 3, 2006
''Big Brother'' Wiretapped Greek Prime Minister’s Phone, Greek News, February 6, 2006
Mark Townsend & Paul Harris, Security role for traffic cameras, Guardian, February 9, 2003
Lester Haines, When is a speed camera not a speed camera?, The Register, November 10, 2003
Lester Haines, Speed camera clocks motorist at 406 mph, The Register, January 21, 2004
County's speed cameras set alight, BBC News, February 10, 2006
New cameras to 'cut road deaths', BBC News, February 13, 2006
Melody Joy Kramer, Forfeiting privacy, one post at a time, Daily Pennsylvanian.com, November 30, 2005
Jessi Hempel with Paula Lehman, The MySpace Generation , Business Week, December 12, 2005
Kristi Eaton, Social sites spark privacy concerns, ASU Web Devil, January 18, 2006
Nate Anderson, Google + Facebook + alcohol = trouble, Ars Technica, January 19, 2006
Rob Stafford, Why parents must mind MySpace, NBC Dateline, January 27, 2006
CBS, MySpace: Your Kids' Danger?, CBS Evening News, February 6, 2006
Lizette Alvarez, (Name Here) Is a Liar and a Cheat, New York Times, February 16, 2006
Olmstead v. United States, 277 U.S. 438 (1928)
Katz v. United States, 389 U.S. 347 (1967)
United States v. Knotts, 460 U.S. 276 (1983)
United States v. Moran, 2005 U.S. Dist. LEXIS 54 (N.D.N.Y., Jan. 5, 2005)
Kyllo v. United States, 533 U.S. 27 (2001)
Andrew Brandt, Soon, Your Cell Phone May Be Tracking You, PC World, April 2004
Hiawatha Bray, GPS spying may prove irresistible to police, Boston.com, January 17, 2005
Ryan Singel, U.S. Cell-Phone Tracking Clipped, Wired News, October 28, 2005
Electronic Frontier Foundation, Cellphone Tracking Cases (USA v. Pen Register), EFF.org, last updated December 21, 2005
Declan McCullagh, Perspective: the flip side of database snooping, C|Net News.com, February 7, 2005
Tom Owad, Data Mining 101: Finding Subversives with Amazon Wishlists, Applefritter.com, January 4, 2006
John Aravosis, AMERICAblog just bought General Wesley Clark's cell phone records for $89.95, AMERICAblog, January 12, 2006
Reuters, Agencies probing sales of cell phone data, C|Net News.com, January 14, 2006
Declan McCullagh, RFID Tags: Big Brother in small packages, C|Net News.com, January 13, 2003
Kim Zetter, School RFID Plan Gets an F, Wired News, Feb. 10, 2005
Jim Rapoza, Security Getting Trampled in the Rush to RFID, eWeek.com, Mar. 7, 2005
Jacqueline Emigh, Homeland Security Officials Refute RFID Reports, CIO Insight, Mar. 17, 2005
Jacqueline Emigh, RSA Finds More Flaws in RFID, eWeek.com, Mar. 23, 2005
Mark Baard, RFID Cards Get Spin Treatment, Wired News, Mar. 29, 2005
Declan McCullagh & Elinor Mills, Feds take porn fight to Google, C|Net News.com, January 19, 2006
Declan McCullagh, FAQ: What does the Google subpoena mean?, C|Net News.com, January 20, 2006
Reuters, Privacy experts condemn Google subpoena, C|Net News.com, January 20, 2006
Katie Hafner & Matt Richtel, Google Resists U.S. Subpoena of Search Data, New York Times, January 20, 2006
Katie Hafner, After Subpoenas, Internet Searches Give Some Pause, January 25, 2006
James Risen & Eric Lichtblau, Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say, New York Times, December 15, 2005
Dan Eggen, Bush Authorized Domestic Spying, Washington Post, December 16, 2005
Kelli Arena, Bush says he signed NSA wiretap order, CNN.com, December 17, 2005
CBS/AP, Bush Defends Domestic Spying, CBS News, January 1, 2006
Terry Frieden, Gonzales to testify on domestic spying, CNN.com, January 13, 2006
ACLU, ACLU Sues to Stop Illegal Spying on Americans, Saying President Is Not Above the Law, ACLU.org, January 17, 2006
Center for Constitutional Rights, CCR Files Suit over NSA Domestic Spying Program, CCR-NY.org, January 17, 2006
Asst. Attorney General William E. Moschella, DOJ Letter on Legal Authority for NSA Surveillance, December 22, 2005
Elizabeth B. Bazan & Jennifer K. Elsea, Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information, Congressional Research Service, January 5, 2006
Law Professors and Former Government Officials, A Response to the Justice Department's Letter of December 22, 2005, January 9, 2006
ACLU, NSA Spying Complaint, January 17, 2006
CCR, NSA Complaint, January 17, 2006
Attorney General Alberto R. Gonzales, Legal Authorities Supporting the Activities of the National Security Agency Described by the President, DOJ White Paper, January 19, 2006
Klopfer v. North Carolina, 386 U.S. 213 (1967)
United States v. Marion, 404 U.S 307, (1971)
Gannett Co., Inc. v. DePasquale, 443 U.S. 368 (1979)
Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980)
Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982)
Seattle Times v. Rhinehart, 467 U.S. 20 (1984)
Coy v. Iowa, 487 U.S. 1012 (1988)
Maryland v. Craig, 497 U.S. 836 (1990)
Crawford v. Washington, 541 U.S. 36 (2004)
Massiah v. United States, 377 U.S. 201 (1964)
Weatherford v. Bursey, 429 U.S. 545 (1977)
United States v. Henry, 447 U.S. 264 (1980)
O'Brien v. United States, 386 U.S. 345 (1967)
Russo v. Byrne, 409 U.S. 1219 (1972)
Williamson v. United States, 405 U.S. 1026 (1972)
Heutsche v. United States, 414 U.S. 898 (1973)
Tierney v. United States, 410 U.S. 914 (1973)
George Lardner, Jr., U.S. Will Monitor Calls to Lawyers, Washington Post, November 9, 2001
Charlie Cassody & Cassandra Porsch, Government Monitoring of Attorney-Client Communications in Terrorism-Related Cases: Ethical Implications for Defense Attorneys, 17 Geo. J. Legal Ethics 681 (Summer 2004)
Bureau of Prisons - Final Rule, 28 CFR Parts 500 and 501, October 31, 2001
Teresa Schmedding and David Orrick, Bodies found in high-profile judge's home, MSNBC/Daily Herald.com, March 1, 2005
Al Swanson, Analysis: Threats against judges common, Washington Times.com, March 3, 2005
ABC7Chicago.com, Police say Chicago man killed Lefkow's family, ABC 7 Chicago, March 11, 2005
James Oliphant, More Killings Raise Court Safety Fears, LegalTimes.com, March 14, 2005
Tony Mauro, Judicial Conference: Security of Judges 'Gravest Concern', LegalTimes.com, March 15, 2005
Frank Main & Natascha Korecki, Lefkow killer used GPS to find her home, Chicago Sun-Times, March 16, 2005
Deborah Sontag, In Courts, Threats Have Become a Fact of Life, New York Times, March 20, 2005 (Registration required)
Griswold v. Connecticut, 381 U.S. 479 (Goldberg, J., concurring)
Laurence H. Tribe, The Constitution in Cyberspace: Law and Liberty Beyond the Electronic Frontier, 1991
Privacy Protections in State Constitutions, National Conference of State Legislatures
Spanish Constitution, Section 18, last amended 1992
Slovenia Constitution, Sections 35-38, last amended 2003
The Data Protection Directive, EU Directive 95/46/EC, October 24, 1995
Australian Privacy Act of 1988, Information Privacy Principles, Applies to government agencies
Australian Privacy Act Amendments of 2000, National Privacy Principles, Applies to private sector businesses
Stay tuned.....