On the Board

Opinion Side
Healthcare
Privacy
Freedom of Speech
Land Rights
Fed v. State

Social Media Side
Privacy
Free Speech Areas
Patriot Act
Press as Threat - Policymic.com
NSA Spying
No-fly List
Debtors' Prison
ACA - Forbes.com
Phone Calls

Let's Take a Look...

Privacy
Existing Federal Laws on Privacy from The Center for Democracy and Technology

Privacy of Communications
The Electronic Communications Privacy Act (1986) [full text]
Telephone Consumer Protection Act of 1991 [full text]

Children’s Privacy
Children’s Online Privacy Protection Act (COPPA) of 1998 [ full text]
Privacy of Medical Records
Health Insurance Portability and Accountability Act of 1996 (HIPAA) [full text]


Affordable Healthcare Act 
Issue: Privacy
Most recent legislative action:
From the Library of Congress
S.1666

Introduced in Senate (11/07/2013)

Healthcare Privacy and Anti-Fraud Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to issue guidance (including concerning liability) to protect the privacy of individually identifiable information submitted to, or accessed by, health care exchange navigators.

Requires entities receiving grants under the navigator program to ensure that their employees undergo background checks, take an oath not to disclose individually identifiable information, and meet educational and licensure requirements comparable to those applicable to health insurance agents and brokers in the state.

Imposes criminal penalties for disclosure of individually identifiable information and misrepresentation as a navigator.

Directs the Secretary to annually make available a list of entities providing navigator services and a list of those determined to be ineligible or convicted of offenses described in this Act.

Amends the Internal Revenue Code to exempt individuals from the penalty for not maintaining minimum essential coverage for any month if the failure resulted from advice of a navigator or a person purporting to provide such services.

Further reading; perhaps the best examination I've seen on the constitutionality of the ACA. Indicating that the ACA is an encroachment on rights is an either/or fallacy. It is neither. Read the article.


Freedom of Speech

Although different scholars view unprotected speech in different ways, there are basically nine categories:
  • Obscenity
  • Fighting words
  • Defamation (includes libel, slander)
  • Child pornography
  • Perjury
  • Blackmail
  • Incitement to imminent lawless action
  • True threats
  • Solicitations to commit crimes
Some experts also would add treason, if committed verbally, to that list. Plagiarism of copyrighted material is also not protected.

(No new legislation directly affecting freedom of expression and speech. Latest Supreme Court Ruling on free speech and the Internet, Janet Reno found that, "speech on the Internet receives the highest level of First Amendment protection.")

Free Speech Zones
The Fire shows case after case of the unconstitutionality of free speech zones on college campuses across the country. No federal law has been passed condoning FSZs, this effort has been executed on a campus and state level. 


Land Rights

From the Legal Information Institute at Cornell University
"Two major federal laws have been passed in the last half century that limit the use of land significantly. These are the National Historic Preservation Act of 1966 (today embodied in16 U.S.C. 461 et seq.) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)."
(The last significant legislation that limited land use was in 1969.)

The Escalante Staircase National Monument executive order was in 1998. 


The Homeland Security Act
Key Department of Homeland Security Laws

General DHS Laws
Homeland Security Act of 2002 (PDF - 187 pages, 610 KB)
This Act established the Department of Homeland Security and set forth the primary mission of the Department.
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) (PDF - 236 pages, 1.32 MB)
Among other things, this Act addresses transportation security, border surveillance, alien detention, visa requirements, and alien smuggling.
Implementing Recommendations of the 9-11 Commission Act of 2007 (Public Law 110-53) (PDF - 286 pages, 853 KB)
This Act addresses a wide range of the Department’s missions, including cargo security, critical infrastructure protection, grant administration, intelligence and information sharing, privacy, and transportation security.

Emergency Management
Robert T. Stafford Disaster Relief and Emergency Assistance Act and Related Authorities (PDF - 125 pages, 605 KB)
The Stafford Act prescribes circumstances for declaring disasters and emergencies and the types of assistance to be provided in such situations, among other things.
Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) (PDF - 109 pages, 304 KB)
This Act revised a number of provisions in the Stafford Act and the Homeland Security Act to strengthen the nation’s response to disasters and emergencies.
Immigration and Border Security
Immigration and Nationality Act
The Immigration and Nationality Act includes many provisions relating to the admission of aliens, the removal of aliens, grants of asylum, and the investigation of human trafficking.
Maritime Security
Maritime Transportation Security Act of 2002 (Public Law 107-295) (PDF - 72 pages, 226 KB)
In large part, this Act deals with port and waterway security.
Coast Guard and Maritime Transportation Act of 2006 (Public Law 109-241) (PDF - 55 pages, 167 KB)
This Act deals with U.S. Coast Guard issues, shipping and navigation, hurricane response, and a number of other issues.
Security and Accountability For Every Port Act of 2006 (SAFE Port Act) (Public Law 109-347) (PDF - 80 pages, 227 KB)
Many of this Act’s provisions relate to programs designed to secure the United States’ sea ports and shipping lanes.
Coast Guard Authorization Act of 2010 (Public Law 111-281) (PDF - 128 pages, 478 KB)
In addition to other things, this Act reauthorizes a number of U.S. Coast Guard programs, addresses acquisition and workforce matters, and deals with port security.
Transportation Security
Aviation and Transportation Security Act (Public Law 107-71) (PDF - 51 pages, 175 KB)
This Act established the Transportation Security Administration (TSA) and vested security functions previously performed by the Federal Aviation Administration in TSA, among other things.


The No Fly List


The NSA
What an Ex-NSA Executive has to say about the NSA's constitutionality. 

What the President has to say: (From The White House)

The Administration’s Proposal for Ending the Section 215 Bulk Telephony Metadata Program

On January 17, 2014, President Obama gave a speech at the Department of Justice on his Administration’s review of certain intelligence activities.  During this speech, he ordered a transition that would end the Section 215 bulk telephony metadata program as it previously existed and establish a new mechanism to preserve the capabilities we need without the government holding this bulk metadata.  The President made clear that he was ordering this transition to give the public greater confidence that their privacy is appropriately protected, while maintaining the tools our intelligence and law enforcement agencies need to keep us safe. This fact sheet describes the steps the Administration has taken to implement this transition, details the President’s proposal for a new program to replace the Section 215 program, and outlines the steps the Administration will be taking in the near future to realize the President’s vision. 
Ending the Section 215 Bulk Telephony Metadata Program as it Existed
On January 17, 2014, the President directed the first step in the transition of the Section 215 program; that the Department of Justice (DOJ) to seek to modify the program to ensure that:
  • Absent an emergency situation, the government can query the telephony metadata collected pursuant to the program only after a judge approves the use of specific numbers for such queries based on national security concerns; and
  • The results of any query are limited to metadata within two hops of the selection term being used, instead of three.
On February 5, 2014, the Foreign Intelligence Surveillance Court (FISC) approved the government’s request to modify the program.   
The President’s Proposal to Replace the Section 215 Program
For the second step in the transition, the President instructed the Attorney General and the Intelligence Community (IC) to develop options for a new program that could match the capabilities and fill the gaps that the Section 215 metadata program was designed to address without the government holding the bulk telephony metadata records.  The President further instructed the Attorney General and the IC to report back to him with options for alternative approaches before the program comes up for reauthorization by the FISC on March 28th. 
Consistent with this directive, DOJ and the IC developed options designed to meet the criteria the President laid out in his speech -- to preserve the capabilities we need without the government holding this metadata. The Administration has also consulted with Congress, the private sector, privacy and civil liberties groups, and other interested groups. 
On the basis of these consultations, and after having carefully considered the available options, the President has decided on a proposal that will, with the passage of appropriate legislation, allow the government to end bulk collection of telephony metadata records under Section 215, while ensuring that the government has access to the information it needs to meet its national security requirements.  Under the President’s proposal, a new program would be created with the following key attributes:
  • the government will not collect these telephone records in bulk; rather, the records would remain at the telephone companies for the length of time they currently do today; 
  • absent an emergency situation, the government would obtain the records only pursuant to individual orders from the FISC approving the use of specific numbers for such queries, if a judge agrees based on national security concerns;
  • the records provided to the government in response to queries would only be within two hops of the selection term being used, and the government’s handling of any records it acquires will be governed by minimization procedures approved by the FISC;
  • the court-approved numbers could be used to query the data over a limited period of time without returning to the FISC for approval, and the production of records would be ongoing and prospective; and
  • the companies would be compelled by court order to provide technical assistance to ensure that the records can be queried and that results are transmitted to the government in a usable format and in a timely manner.
The President believes that this approach will best ensure that we have the information we need to meet our intelligence requirements while enhancing public confidence in the manner in which this information is collected and held. 
The Path Forward
Legislation will be needed to implement the President’s proposal.  The Administration has been in consultation with congressional leadership and members of the Intelligence and Judiciary Committees on this important issue throughout the last year, and we look forward to continuing to work with Congress to pass a bill that achieves the goals the President has put forward.  Given that this legislation will not be in place by March 28 and given the importance of maintaining the capabilities in question, the President has directed DOJ to seek from the FISC a 90-day reauthorization of the existing program, which includes the substantial modifications in effect since February.

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