The Fourth Amendment Third-Party Doctrine, & More from CRS
People who voluntarily share information with a third party are not entitled to an expectation of privacy concerning that information under the so-called “third-party doctrine” that currently prevails in judicial interpretations of the Fourth Amendment to the Constitution.
The implications of the third-party doctrine are profound, a new report from the Congressional Research Service explains.
It “permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking, and education records, just to name a few.”
While the third-party doctrine comports well with other Fourth Amendment case law, CRS said, its continuing validity has lately come into question.
“Several events have precipitated renewed debates over its continued existence. First was the Supreme Court’s decision in the GPS tracking case, United States v. Jones…. Second was the Edward Snowden leaks relating to the National Security Agency’s telephone metadata program….”
“This report explores the third-party doctrine, including its historical background, its legal and practical underpinnings, and its present and potential future applications. It explores the major third-party doctrine cases and fits them within the larger Fourth Amendment framework. It surveys the various doctrinal and practical arguments for and against its continued application. Lastly, this report describes congressional efforts to supplement legal protection for access to third-party records, as well as suggesting possible future directions in the law.”
A copy of the new report was obtained by Secrecy News. See The Fourth Amendment Third-Party Doctrine, June 5, 2014.
Other new and updated CRS reports that Congress has withheld from online public distribution include the following:
Internet Governance and the Domain Name System: Issues for Congress, June 10, 2014
Internet Domain Names: Background and Policy Issues, June 10, 2014
EPA’s Proposed Greenhouse Gas Regulations for Existing Power Plants: Frequently Asked Questions, June 9, 2014
Federal Workforce Statistics Sources: OPM and OMB, June 10, 2014
Year-Round Schools: In Brief, June 9, 2014
Immigration: Visa Security Policies, June 9, 2014
U.S.-China Military Contacts: Issues for Congress, June 10, 2014
Guam: U.S. Defense Deployments, June 9, 2014
Navy Ship Names: Background For Congress, June 5, 2014
How DoD Acquires Weapon Systems, and More from CRS
New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Defense Acquisitions: How DOD Acquires Weapon Systems and Recent Efforts to Reform the Process, May 23, 2014
Defense Acquisition Reform: Background, Analysis, and Issues for Congress, May 23, 2014
U.S. Air Force Bomber Sustainment and Modernization: Background and Issues for Congress, June 4, 2014
The Number of Veterans That Use VA Health Care Services: A Fact Sheet, June 3, 2014
Federal Research and Development Funding: FY2015, June 2, 2014
U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report Favorably, 1939-2013, May 29, 2014:
Corporate Expatriation, Inversions, and Mergers: Tax Issues, May 27, 2014
Federal Building and Facility Security: Frequently Asked Questions, May 28, 2014
Deployable Federal Assets Supporting Domestic Disaster Response Operations: Summary and Considerations for Congress, May 16, 2014
The Presidential Records Act: Background and Recent Issues for Congress, May 30, 2014
Egypt: Background and U.S. Relations, June 5, 2014
Background of Circuit Court Judges, and More from CRS
A new report from the Congressional Research Service “provides an analytic overview of the professional experiences and qualifications of those individuals who are currently serving as active U.S. circuit court judges.” See U.S. Circuit Court Judges: Profile of Professional Experiences Prior to Appointment, May 9, 2014.
Other recently updated CRS reports include these:
Deepwater Horizon Oil Spill: Recent Activities and Ongoing Developments, May 12, 2014
Teenage Pregnancy Prevention: Statistics and Programs, May 16, 2014
Cybersecurity: Authoritative Reports and Resources, by Topic, May 22, 2014
Nigeria’s Boko Haram, and More from CRS
New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Nigeria’s Boko Haram: Frequently Asked Questions, May 20, 2014
The Lord’s Resistance Army: The U.S. Response, May 15, 2014
Libya: Transition and U.S. Policy, May 19, 2014
U.S. International Broadcasting: Background and Issues for Reform, May 2, 2014
U.S. Foreign Trade in Services: Trends and U.S. Policy Challenges, May 15, 2014
Veterans’ Medical Care: FY2015 Appropriations, May 15, 2014
U.S. Strategic Nuclear Forces: Background, Developments, and Issues, May 15, 2014
Navy TAO(X) Oiler Shipbuilding Program: Background and Issues for Congress, May 14, 2014
Generalized System of Preferences: Background and Renewal Debate, May 19, 2014
Domestic Human Trafficking Legislation in the 113th Congress, May 19, 2014
The European Parliament, May 19, 2014
China and the United States — A Comparison of Green Energy Programs and Policies, April 30, 2014
Afghanistan: Drug Trafficking, and More from CRS
“Drug trafficking, a long-standing feature of Afghanistan’s post-Taliban political economy, is linked to corruption and insecurity, and provides a source of illicit finance for non-state armed groups,” says a new report from the Congressional Research Service.
“Based on recent production and trafficking trends, the drug problem in Afghanistan appears to be worsening,” the CRS report found. See Afghanistan: Drug Trafficking and the 2014 Transition, May 9, 2014.
Other new CRS reports that Congress has withheld from online public distribution include the following.
Navy LX(R) Amphibious Ship Program: Background and Issues for Congress, May 12, 2014
How Social Security Benefits Are Computed: In Brief, May 12, 2014
Airport Privatization: Issues and Options for Congress, May 12, 2014
Body Armor for Law Enforcement Officers: In Brief, May 13, 2014
Selection of FISA Court Judges, and More from CRS
New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges, May 5, 2014
Unauthorized Aliens in the United States: Policy Discussion, May 8, 2014
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet, May 2, 2014
FEMA’s Disaster Relief Fund: Overview and Selected Issues, May 7, 2014
Central America Regional Security Initiative: Background and Policy Issues for Congress, May 6, 2014
Libya: Transition and U.S. Policy, May 8, 2014
Ukraine: Current Issues and U.S. Policy, May 8, 2014
U.S. Special Operations Forces (SOF): Background and Issues for Congress, May 8, 2014
Jordan: Background and U.S. Relations, May 8, 2014
Armed Conflict in Syria: Overview and U.S. Response, May 5, 2014
Federal Holidays: Evolution and Current Practices, May 9, 2014
Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony, May 8, 2014
F-35 Joint Strike Fighter Program, and More from CRS
Congress continues to instruct the Congressional Research Service not to make its products directly available to the public without prior approval.
“No funds in the Congressional Research Service can be used to publish or prepare material to be issued by the Library of Congress unless approved by the appropriate committees,” according to language in the latest House report on Legislative Branch Appropriations for FY 2015.
But since no CRS funds are being expended to make the following reports available to the public, the letter of the law is fulfilled.
F-35 Joint Strike Fighter (JSF) Program: Background and Issues for Congress, April 29, 2014
Defense Surplus Equipment Disposal: Background Information, April 29, 2014
Congressional Primer on Responding to Major Disasters and Emergencies, April 30, 2014
Immigration Policies and Issues on Health-Related Grounds for Exclusion, April 28, 2014
NAFTA at 20: Overview and Trade Effects, April 28, 2014
Multilateral Development Banks: How the United States Makes and Implements Policy, April 29, 2014
Changes in the Arctic: Background and Issues for Congress, April 28, 2014
Arms Control and Nonproliferation: A Catalog of Treaties and Agreements, April 28, 2014
Iran’s Nuclear Program: Tehran’s Compliance with International Obligations, April 28, 2014
No Remedy for Drone Deaths, CRS Legal Sidebar, April 30, 2014
Assessing the Effect of Sanctions on Iran, and More from CRS
Noteworthy new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Achievements of and Outlook for Sanctions on Iran, April 22, 2014
The Target Data Breach: Frequently Asked Questions, April 22, 2014
The Republic of the Philippines and U.S. Interests–2014, April 23, 2014
Malaysia: Background and U.S. Relations, April 21, 2014
Moldova: Background and U.S. Policy, April 23, 2014
Trade Promotion Authority (TPA): Frequently Asked Questions, April 21, 2014
Immigration Detainers: Legal Issues, April 24, 2014
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings, April 21, 2014
Iran-North Korea-Syria Cooperation, and More from CRS
The executive branch today provides less unclassified information to Congress concerning proliferation of weapons mass destruction than it used to do, a new report from the Congressional Research Service observes.
“The number of unclassified reports to Congress on WMD-related issues has decreased considerably in recent years,” the report said. “Congress may wish to consider requiring additional reporting from the executive branch on WMD proliferation.” That suggestion appeared in a new CRS report entitled Iran-North Korea-Syria Ballistic Missile and Nuclear Cooperation, published April 16, 2014.
Other new and newly updated CRS reports that Congress has withheld from online public distribution include the following.
NATO: Response to the Crisis in Ukraine and Security Concerns in Central and Eastern Europe, April 16, 2014
Same-Sex Marriage: A Legal Background After United States v. Windsor, April 17, 2014
Executive Orders: Issuance, Modification, and Revocation, April 16, 2014
Returning to Full Employment: What Do the Indicators Tell Us?, April 15, 2014
Chemical Facility Security: Issues and Options for the 113th Congress, April 16, 2014
Social Media in the House of Representatives: Frequently Asked Questions, April 16, 2014
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, April 18, 2014
U.S. Prisons Are Bursting at the Seams, and More From CRS
The U.S. federal prison population has been growing steadily for decades, and it now exceeds the capacity of the prison system to properly house and maintain it, according to an updated report from the Congressional Research Service on the Bureau of Prisons [BOP].
“The number of inmates under the BOP’s jurisdiction has increased nearly eight-fold (790%) from approximately 24,600 inmates in FY1980 to nearly 219,300 inmates in FY2013. Since FY1980, the federal prison population has increased, on average, by approximately 5,900 inmates each year,” the report said. “The annual growth in the federal prison population has outstripped the BOP’s prison capacity, resulting in overcrowding in the federal prison system.”
The CRS report identified various options for Congress to address the situation, whether by expanding prison capacity or by reducing the prison population through alternatives to incarceration. See The Bureau of Prisons (BOP): Operations and Budget, March 4, 2014.
Other new and updated CRS reports that Congress has withheld from online public access include the following.
Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure, April 10, 2014
Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch, April 10, 2014
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress, April 11, 2014
Former Presidents: Pensions, Office Allowances, and Other Federal Benefits, April 9, 2014
Retirement Benefits for Members of Congress, March 19, 2014
Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress, April 7, 2014
What Is the Farm Bill?, April 7, 2014
The Federal Budget: Overview and Issues for FY2015 and Beyond, April 11, 2014
U.S. Foreign Aid to Israel, April 11, 2014
Security Assistance Reform: “Section 1206” Background and Issues for Congress, April 4, 2014
Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress, April 2, 2014
Brazil: Political and Economic Situation and U.S. Relations, March 27, 2014
Bee Health: Background and Issues for Congress, April 9, 2014
The Distribution of Household Income and the Middle Class, March 10, 2014
Constitutional Challenges to NSA Collection, and More from CRS
New and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments, April 1, 2014
Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview, March 31, 2014
The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight, March 31, 2014
Unlawfully Present Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis, March 28, 2014
Unlawfully Present Aliens, Driver’s Licenses, and Other State-Issued ID: Select Legal Issues, March 28, 2014
Regulation of Clinical Tests: In Vitro Diagnostic (IVD) Devices, Laboratory Developed Tests (LDTs), and Genetic Tests, March 27, 2014
EPA and the Army Corps’ Proposed Rule to Define “Waters of the United States”, March 27, 2014
The Volcker Rule: A Legal Analysis, March 27, 2014
Foreign Assistance to North Korea, April 2, 2014
US-Vietnam Nuclear Cooperation, and More from CRS
Noteworthy new and updated reports from the Congressional Research Service that Congress has withheld from online public distribution include the following.
U.S.-Vietnam Nuclear Cooperation Agreement: Issues for Congress, March 24, 2014
Ukraine: Current Issues and U.S. Policy, March 24, 2014
Central Asia: Regional Developments and Implications for U.S. Interests, March 21, 2014
Major U.S. Arms Sales and Grants to Pakistan Since 2001, March 26, 2014
Turkey: Background and U.S. Relations, March 27, 2014
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court, March 21, 2014
The Trend in Long-Term Unemployment and Characteristics of Workers Unemployed for Two Years or More, March 24, 2014
Selected Characteristics of Private and Public Sector Workers, March 21, 2014
Legislative Research for Congressional Staff: How to Find Documents and Other Resources, March 25, 2014
Marijuana: Medical and Retail–Selected Legal Issues, March 25, 2014
Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate, March 21, 2014