Secrecy News -- 09/07/12

Steven Aftergood saftergood at fas.org
Fri Sep 7 07:51:11 PDT 2012


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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2012, Issue No. 90
September 7, 2012

Secrecy News Blog:  http://www.fas.org/blog/secrecy/


**     DRONES IN DOMESTIC SURVEILLANCE OPERATIONS, AND MORE FROM CRS


DRONES IN DOMESTIC SURVEILLANCE OPERATIONS, AND MORE FROM CRS

"The prospect of drone use inside the United States raises far-reaching
issues concerning the extent of government surveillance authority, the
value of privacy in the digital age, and the role of Congress in
reconciling these issues," says a new report on the subject from the
Congressional Research Service.

"This report assesses the use of drones under the Fourth Amendment right
to be free from unreasonable searches and seizures. The touchstone of the
Fourth Amendment is reasonableness. A reviewing court's determination of
the reasonableness of drone surveillance would likely be informed by
location of the search, the sophistication of the technology used, and
society's conception of privacy in an age of rapid technological
advancement."

"While individuals can expect substantial protections against warrantless
government intrusions into their homes, the Fourth Amendment offers less
robust restrictions upon government surveillance occurring in public places
and perhaps even less in areas immediately outside the home, such as in
driveways or backyards. Concomitantly, as technology advances, the contours
of what is reasonable under the Fourth Amendment may adjust as people's
expectations of privacy evolve."

The new report reviews the relevant Fourth Amendment landscape, the
current status of drone technology and applications, and pending
legislation on the subject. A copy was obtained by Secrecy News.  See
"Drones in Domestic Surveillance Operations: Fourth Amendment Implications
and Legislative Responses," September 6, 2012:

	http://www.fas.org/sgp/crs/natsec/R42701.pdf

Other noteworthy new CRS reports that Congress has declined to make
publicly available include the following.

The "Fiscal Cliff": Macroeconomic Consequences of Tax Increases and
Spending Cuts, September 5, 2012:

	http://www.fas.org/sgp/crs/misc/R42700.pdf

The War Powers Resolution: After Thirty-Eight Years, September 5, 2012:

	http://www.fas.org/sgp/crs/natsec/R42699.pdf

Stafford Act Declarations 1953-2011: Trends and Analyses, and Implications
for Congress, August 31, 2012:

	http://www.fas.org/sgp/crs/homesec/R42702.pdf

NFIB v. Sebelius: Constitutionality of the Individual Mandate, September
3, 2012:

	http://www.fas.org/sgp/crs/misc/R42698.pdf

Search and Seizure Cases in the October 2012 Term of the Supreme Court,
September 4, 2012:

	http://www.fas.org/sgp/crs/misc/R42697.pdf



_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood at fas.org
voice:  (202) 454-4691
twitter: @saftergood

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