surveillance that will Warrant Clause purposes and is directed capture US Persons Reasonableness against foreign powers (outside the US and requirement: or agents of foreign accidentally in the US) Totality of the Circs: powers reasonably Weigh believed to be located Government’s interest (national outside the United security, paramount or States the highest order of “of and magnitude”) individual privacy interests (after targeting procedures, minimization procedures, and internal checks) Domestic -Gov’t -Is there a legitimate No reasonable SURVEILLANCE Smith requested pen (SCOTUS register records (do not expectation of privacy? expectation of privacy (electronic) 1979) disclose contents of calls, If not, no warrant in information given to just numbers dialed) necessary. or held by 3rd parties. without a warrant Domestic -Is the surveillance Use of GPS to SURVEILLANCE US v. Maynard (DC constant? undertake constant (Jones) Circuit 2011) Need a warrant surveillance of a suspect must get a warrant, even though physical surveillance would not require a warrant US Persons - Women killed their -Is it a US person being -Courts of law alone ACCESS TO Reid v. Covert (SCOTUS on US servicemen husbands tried for breaking a US have the power to try COURTS (US 1957) military bases while living and law? civilians for their Person, domestic abroad stationed overseas; tried Protected by the Bill of offenses against the and international) overseas on US military Rights United States: US is a
surveillance that will capture US Persons (outside the US and accidentally in the US) Warrant Clause Reasonableness requirement: Totality of the Circs: Weigh Government’s interest (national security, paramount or “of the highest order of magnitude”) and individual privacy interests (after targeting procedures, minimization procedures, and internal checks) purposes and is directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States Smith (SCOTUS 1979) Domestic -Gov’t requested pen register records (do not disclose contents of calls, just numbers dialed) without a warrant -Is there a legitimate expectation of privacy? If not, no warrant necessary. No reasonable expectation of privacy in information given to or held by 3rd parties. SURVEILLANCE (electronic) US v. Maynard (Jones) (DC Circuit 2011) Domestic -Is the surveillance constant? Need a warrant Use of GPS to undertake constant surveillance of a suspect must get a warrant, even though physical surveillance would not require a warrant SURVEILLANCE Reid v. Covert (SCOTUS 1957) US Persons on US military bases abroad - Women killed their servicemen husbands while living and stationed overseas; tried overseas on US military -Is it a US person being tried for breaking a US law? Protected by the Bill of Rights -Courts of law alone have the power to try civilians for their offenses against the United States: US is a ACCESS TO COURTS (US Person, domestic and international)
ICTL_Rascoff_Fall_2011_Case_Chart.docx