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Homeland Security Law


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Table of Contents

Introduction Chapter 1 - The Counterterrorism Enterprise I. The Steering Mechanism II. The Core A. Overview B. Core: Information and Intelligence Collection, and Related Activities C. Core: Law Enforcement and the Prosecution of Terrorists D. Core: The Other Operational Functions III. Overseeing and Constraining the Counterterrorism Enterprise A. The Mechanisms B. Effectiveness Chapter 2 - President Bush and Mass Surveillance I. Mass Surveillance II. The President's Surveillance Program (PSP) III. The President's Article II Authority IV. The Authorization to Use Military Force (AUMF) V. The PSP and the Fourth Amendment: A Brief Note VI. The PSP and the Foreign Intelligence Surveillance Act (FISA) Conclusion Chapter 3 - Mass Surveillance Today I. How Bulk Databases Were/Are Made II. The Debate: Mass Surveillance in the Balance III. The Law: FISA, E.O.12333, and the Electronic Communications Privacy Act (ECPA) IV. A FISA Overview V. FISA and the Collection of Metadata A. Telephony and Internet Metadata: FISA 1842 - Pen Register/Trap and Trace B. Telephony Metadata: 215 VI. FISA and Collecting the Content of Communications A. FISA 1805 B. 702 and Mass Content Collection 1. About 702 2. PRISM 3. Upstream - U.S. and Upstream-External Collection VII. Mass Surveillance and the Fourth Amendment A. Collection 1. Is Collection a Search/Seizure? 2. Should a Warrant Have Been Obtained Prior to Collecting? 3. Is Bulk Collection "Reasonable"? B. Retention C. Querying D. Contact Chaining, Social Networking Analysis, and FBI Assessments Chapter 4 - Securing the Borders I. Security Between Ports of Entry II. Passports III. Visas, Immigrants, and Refugees IV. Pre-Departure Databased Screening V. Arrival Screening at Ports of Entry A. Who Enjoys the Protections of the Fourth Amendment at the Border? B. Terminology and Principles C. Routine Searches D. Nonroutine Searches and Reasonable Suspicion E. Computers and Cell Phones and Non-Forensic Searches F. Computers and Cell Phones and Forensic Searches G. Other Border Issues VI. Exclusion Following Arrival VII. Removal of Aliens Chapter 5 - Airline Security and the No Fly List I. Pre-flight Air Safety Searches by the Transportation Security Administration (TSA) II. Behavior and Profiling III. The No Fly and Selectee Lists A. An Overview B. Consequences C. Substantive Standard For Listing a Name D. Redress IV. The Constitution and the Watch List Chapter 6 - Investigating Individual Suspects I. An Initial Alert II. The Stages of a Terrorist Investigation III. Public Information and the Third Party Doctrine IV. Human Intelligence V. Obtaining Stored Information VI. Stored Information Held By Other Governmental Agencies VII. Physical Searches A. FISA Physical Searches B. Other (Non-FISA) Search Authority VIII. Real Time Surveillance A. Pen Register/Trap and Trace (P/T) B. "Wiretapping" IX. Real-Time Tracking and Cell Phones Chapter 7 - The Trial I. Terrorism and Federal Crimes: A General Overview II. Material Support III. Cyberterrorism IV. The Trial - Challenges Rooted in the Constitution V. The Trial - Challenges Rooted in Statutes VI. The Trial - Challenges Rooted in Federal Rules VII. Pulling a Few Threads Together Chapter 8 - Military Detention and Interrogation I. Presidential Domestic Exercise of the Constitution's Article II Military-Detention Authority II. The Detention of U.S. Citizens Seized On U.S. Soil III. Limits on the Substantive Grounds for Detention IV. The President and the Department of Defense V. Congressional Authorization of Detention VI. Taking Stock: Statutes and DOD Policy VII. The Judicial Determination of The Authority to Detain VIII. Procedural Due Process and Proving Detainability IX. Indefinite Detention, Forced Feeding, and Torture Chapter 9 - Military Commissions: Trials I. Article III Courts and Courts-Martial II. Military Commissions III. The Authority of A President to Establish and Use Military Commissions IV. Are there Limits on the Authority of Congress and the President to Establish Military Commissions? V. Military Commission Procedures Chapter 10 - Protection Against Being 'Disappeared' I. Writ of Habeas Corpus: Background II. Attempts to Deny the Availability of the Writ III. Habeas Corpus Procedures Select Bibliography Index

About the Author

Tyll van Geel is Earl B. Taylor Professor Emeritus, University of Rochester.

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