Privacy Law and the USA Patriot Act

Privacy Law and the USA Patriot Act

The vital issues at the intersection of national security and privacy law in the post-9/11 era are explored in this publication. With initial focus on the USA Patriot Act and tracking subsequent national security enactments, amendments, regulations, case law, and administrative actions that affect privacy, this publication provides timely analysis ...

Publisher: Matthew Bender
Country: USA
Format: Looseleaf
Publication Language: English
ISBN: 9780820569451
Publication Date: 2006-01-01

				Price: $390.00

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The vital issues at the intersection of national security and privacy law in the post-9/11 era are explored in this publication. With initial focus on the USA Patriot Act and tracking subsequent national security enactments, amendments, regulations, case law, and administrative actions that affect privacy, this publication provides timely analysis of privacy rights today and limitations on and threats to those rights.

Since the swift enactment of the USA Patriot Act in the aftermath of the 9/11 attack, provisions of the Act have encountered constitutional problems, raising continuing concerns about the Act's impact on privacy. Formally named the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, the surveillance and database tracking tools authorized under the Act have broad-reaching ramifications on individuals, businesses, and charities. Privacy Law and the USA Patriot Act was the first major treatise on the Act and continues to provide up-to-date analysis that emphasizes the practical implications, burdens and options for organizations and individuals cooperating with and subject to continually-evolving government reporting requirements, information requests, and surveillance. Topics analyzed include:

The Patriot Act's privacy law context and its relation to the United States Code and Code of Federal Regulations
Wiretapping and electronic surveillance (including the National Security Agency's Domestic Electronic Surveillance Program)
The relationship among title III surveillance orders, FISA orders, National Security letters, and other surveillance authorities
Watch lists and other federal databases on individuals
DNA identification and other biometrics
Bank Secrecy Act - expanded reporting, inquiry and sanction powers
Compliance burdens and liabilities for non-financial and not-traditionally-financial organizations (including charities)
The broken-down wall - information sharing across and beyond the federal Government
Tracking/ detaining/ removing aliens and other border protection measures
Asset freezing, seizure and forfeiture
New terrorism crimes

Chapter 1: Introduction
Chapter 2: The Development and Scope of the Right of Privacy
Chapter 3: President's Powers Regarding Property and Terrorism Designations
Chapter 4: Surveillance
Chapter 5: Financial Privacy and the Patriot Act: Money Laundering and Reporting by Broadly Defined "Financial Institutions"
Chapter 6: Immigration
Chapter 7: National Security Letters, DNA, and Other Investigatory Tools
Chapter 8: New Crimes and Their Impacts on Privacy
Chapter 9: Information Sharing Among Intelligence Agencies
Chapter 10: Miscellaneous Provisions
Appendix A: The USA Patriot Act
Appendix B: Amendments and Extensions

Steve C. Posner, M.B.A.

Steve C. Posner, M.B.A., is a frequent speaker and consultant on the USA Patriot Act and issues and matters relating to it. After earning his M.B.A. from New York University, Mr. Posner attended St. John's University School of Law, where he won writing awards in intellectual property law, developed a graphic computer system for modeling constitutional law issues and litigated contract compliance cases for the New York City Department of Law under a special practice order. Upon graduation, Mr. Posner clerked for the Appellate Division of the New York Supreme Court and then became an Adjunct Professor at The Jacob Fuchsberg Law Center, Touro College. Mr. Posner relocated to Denver, Colorado, to help litigate an international intellectual property action involving, among other things, software and trade secret licensing and theft, copyright infringement, and patent infringement. He then worked with the Colorado Attorney General's Office in the landmark multi-state anti-tobacco case. When that case settled, he defended criminal appeals for the Attorney General before returning to private practice, where he developed a profound interest in the law of privacy and created a Practice Commentary on the USA Patriot Act for the Lexis-Nexis legal research website. Mr. Posner is a former Editor of the Technology Law and Policy Review column for The Colorado Lawyer magazine, and former co-chair of the Colorado Bar Association's Law and Technology Committee. Mr. Posner is admitted before the bars of Colorado, New York and California (inactive).

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