Ellen Nakashima and Carol D. Leonnig report: House leaders on Friday called for an “immediate and comprehensive assessment” of congressional cybersecurity policies, a day after an embarrassing data breach that led to the disclosure of details of confidential ethics investigations. Speaker Nancy Pelosi (D-Calif.) and Minority Leader John A. Boehner (R-Ohio) said they had asked…
Article: Who Can Sue Over Government Surveillance?
Scott Michelman, staff attorney for the ACLU, has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive authority, the Fourth Amendment, and the separation of powers. But…
Article: From Privacy To Liberty: The Fourth Amendment After Lawrence
Thomas P. Crocker has an article (pdf) in the current issue of UCLA Law Review. Here’s the abstract: This Article explores a conflict between the protections afforded interpersonal relations in Lawrence v. Texas and the vulnerability experienced under the Fourth Amendment by individuals who share their lives with others. Under the Supreme Court’s third-party doctrine,…
Swartz v. Does: American and Canadian approaches to anonymity in internet defamation cases
Matthew Nied, a law student at the University of Victoria, writes: A recent case illustrates that American jurisprudence is increasingly coalescing around a uniform approach to determine whether a plaintiff may compel the disclosure of an anonymous defendant’s identity in internet defamation cases. As discussed below, the Canadian experience has been different. In Swartz v….