stevenjamar at gmail.com
Sat Oct 20 18:17:34 PDT 2007
We are at a state of war with Bush as President, Cheney as VP, Rummie
as Secty of Defense, and Gonzales as AG.
And with a republican Congress.
Since not all of these things are still the case, perhaps we can hope
to see some changes.
On Oct 20, 2007, at 6:19 PM, guayiya wrote:
> Now, suppose I am an academic without government ties or security
> clearances. I want to investigate what government agencies are
> doing to monitor dangerous websites like these. Or, can Congress
> monitor this activity?
> If the answer to both questions is no--where are we?
> Daniel hoffman
> Rosenthal, Lawrence wrote:
>> If all the government did were monitor and surveill, without
>> disclosing what it was doing, I do not think anyone would have
>> standing to challenge the investigation under Laird v. Tatum, 408
>> U.S. 1 (1972). The Sixth Circuit's holding that the plaintiffs
>> lacked standing to challenge the NSA's warrantless wiretapping
>> program is an example of this principle. Even if the subjects
>> learned of the surveillance, I doubt that the "chilling effect" of
>> knowing that monitoring and surveillance was afoot would be
>> sufficient to amount to a violation of the First or Fourteenth
>> Amendments. Visitors to blogs are not promised that no one will
>> monitor or surveill their visits; given the technology at issue,
>> such a promise could not be kept. Therefore, I do not think there
>> could be any kind of constitutional right to privacy under the
>> First, Fourth, or Fourteenth Amendments at stake here, just as the
>> Bank Secrecy Act was not thought to erect a constitutional right
>> to privacy requiring a warrant before otherwise private bank
>> records can be obtained by subpoena. See United States v. Miller,
>> 425 U.S. 435 (1976).
>> Larry Rosenthal
>> Chapman University School of Law
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:stevenjamar at gmail.com
Washington, DC 20008 http://iipsj.com/SDJ/
"Whenever you find yourself on the side of the majority, it is time
to pause and reflect."
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