Computers, Privacy & the Constitution

Part Four:
Surveillance, Search and Seizure

Theory

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)

General Electronic Tracking & Surveillance

Jay Stanley and Barry Steinhardt, Bigger Monster, Weaker Chains, The Growth of an American Surveillance Society, ACLU Technology and Liberty Program, January 2003

Frank Baitman, Rethinking Surveillance, Washington Post, February 11, 2008

Cell Phones & GPS

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

Ellen Nakashima, Cellphone Tracking Powers on Request, The Washington Post, Nov 23, 2007

Conduct of Surveillance

Eric Lichtblau, Error Gave F.B.I. Unauthorized Access to E-Mail, New York Times, February 16, 2008

Lara Jakes Jordan, More FBI Privacy Violations Confirmed, The Associated Press, Mar 6, 2007

Data Mining & Data Selling

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

Steve Boggan Q. What could a boarding pass tell an identity fraudster about you? A. Way too much, The Guardian, May 3, 2006

Reuters, Agencies probing sales of cell phone data, C|Net News.com, January 14, 2006

Michael Barbaro and Tom Zeller Jr, A Face Is Exposed for AOL Searcher No. 4417749, NY Times, Aug 9, 2006

Eric Bangeman, AOL data leak may give data retention bill new life, Ars Technica, Aug 13, 2006

Juan Carlos Perez, Facebook's Beacon More Intrusive Than Previously Thought, PC World, Nov 30, 2007

Associated Press, Google to Store Patients' Health Records, New York Times, Feb 21, 2008 (to learn more about HIPPA, see US Department of Health and Human Services)

Eric Pfanner, Internet providers get a piece of ad income, International Herald Tribune, Feb 17, 2008, "This is taking targeting to the next level"

RFID

Beth Bacheldor, RFID Takes Root in Bangladesh, RFID Journal, Jan. 15, 2008

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

RFIDUpdate.com, RFID Tattoos to Make a Mark on Cattle Tagging, RFIDUpdate.com, Feb. 11, 2008

Steve Boggan Cracked it!, The Guardian, Nov 17, 2006

Government Subpoenas for Search Records

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

NSA Domestic Spying Program

Background

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 (Press release appears to have vanished from the CCR site, but all documents from the case are here.)

Legal Documents

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

Additional Readings

NSA Surveillance Hearings

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.

Paul Kane, Senate Authorizes Broad Expansion Of Surveillance Act, Washington Post, February 13, 2008

Greek Cell Phone Tapping

James Kanter, Greek cellphones tapped, International Herald Tribune, February 3, 2006

''Big Brother'' Wiretapped Greek Prime Minister’s Phone, Greek News, February 6, 2006

British Traffic Cameras

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

Facial Recognition Technology

James Randerson, Face recognition technique aids security - and lookalike searches, The Guardian, January 26, 2008

Online Dating and Social Networking

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

Maria Aspan, How Sticky Is Membership on Facebook? Just Try Breaking Free, New York Times, February 11, 2008.

Border Searches

Ellen Nakashima, Clarity Sought on Electronics Searches, Washington Post, February 7, 2008

 

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r11 - 07 Mar 2008 - 16:43:39 - IanSullivan
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