Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

Supreme Court expands surveillance powers of intelligence agency

Via The Intercept: “The Supreme Court on approved [April 28, 2016] changes that would make it easier for the FBI to hack into computers, including those belonging to victims of cybercrime. The changes will take effect in December, unless Congress adopts competing legislation. Previously, under the federal rules on criminal procedures, a magistrate judge couldn’t approve a warrant request to search a computer remotely if the investigator didn’t know where the computer was—because it might be outside his or her jurisdiction. The rule change, sent in a letter to Congress on Thursday, would allow a magistrate judge to issue a warrant to search or seize an electronic device regardless of where it is, if the target of the investigation is using anonymity software like Tor to cloak their location. Over a million people use Tor to browse popular websites like Facebook every month for perfectly legitimate reasons, in addition to criminals who use it to hide their locations…”

GAO Reports – Defense Health Care, Indian Health Service, SEC InfoSec, Missile Defense, Public Transit, Veterans Justice, F-35 Joint Strike Fighter

Defense Health Care: DOD Is Meeting Most Mental Health Care Access Standards, but It Needs a Standard for Follow-up Appointments, GAO-16-416: Published: Apr 28, 2016. Publicly Released: Apr 28, 2016. Indian Health Service: Actions Needed to Improve Oversight of Patient Wait Times, GAO-16-333: Published: Mar 29, 2016. Publicly Released: Apr 28, 2016. Information Security: OpportunitiesContinue Reading

Prosecutorial Analytics

Kreag, Jason, Prosecutorial Analytics (April 12, 2016). Washington University Law Review (2017) Forthcoming; Arizona Legal Studies Discussion Paper No. 16-10. Available for download at SSRN: http://ssrn.com/abstract=2764399 “The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limitedContinue Reading

Conviction by Prior Impeachment

Roberts, Anna, Conviction by Prior Impeachment (April 22, 2016). Boston University Law Review, Forthcoming (2016). Available for download at SSRN: http://ssrn.com/abstract=2768951 “Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed: it relies on assumptions belied by data; it has devastating impacts on individual trials;Continue Reading

Public Advocate Appointed by FISA Court Declares PRISM Surveillance Unconstitutional

TechDirt: “On [April 19, 2016], the Office of the Director of National Intelligence released some redacted versions of three previously secret FISA Court rulings. There are a few interesting things in them, but one notable point, found in a ruling from last November regarding the NSA’s 702 PRISM program, is that the FISC took advantageContinue Reading

Crime in 2015: A Final Analysis

Brennan Center for Justice: Ames Grawert and James Cullen – “This analysis provides final crime data to update the report, Crime in 2015: A Preliminary Analysis. It finds the same conclusions as that report (and its December 2015 update), with slightly different percentages.” Summary of Findings: “The analysis examines crime in the 30 largest citiesContinue Reading

SCOTUS upholds $2B judgment in favor of terror victims against Iran

Via Findlaw: “The United States Supreme Court ruled that almost $2 billion in assets seized from Bank Markazi, Iran’s central bank, can be used to pay victims of terror attacks and their families who won default judgments against the country in civil.. – Bank Markazi v. Peterson, et al.

EFF Sues for Secret Court Orders Requiring Tech Companies to Decrypt Users’ Communications

Via EFF: “The Electronic Frontier Foundation (EFF) filed a Freedom of Information (FOIA) lawsuit today against the Justice Department to shed light on whether the government has ever used secret court orders to force technology companies to decrypt their customers’ private communications, a practice that could undermine the safety and security of devices used byContinue Reading

Report – In Six States, Immigration Relief Takes Over 1,000 Days on Average

“Despite the recent appointment of new immigration judges, the Immigration Court’s backlog continues to rise each month. The latest figures show that at the end of March the number of pending cases had reached 486,206. The ballooning backlog has many implications; this month TRAC is spotlighting what our overloaded court system means for individuals seekingContinue Reading

District court rules in favor of library e-reserve against publishers

Inside HigherEd: “A U.S. district court judge has once again taken a look at three publishers’ case against Georgia State University’s e-reserve and ruled that, in 41 of 48 cases, no copyright infringement took place. The ruling, a 220-page walk-through that applies the four-part fair-use test to each of the 48 cases, is seen byContinue Reading

Federal Sentencing Statistics 2015

Federal Sentencing Statistics 2015 – “Geographic Statistics by Fiscal Year: The sets of reports [on this site] are released annually and examine federal sentencing statistics from each judicial district, the districts within each judicial circuit, and the districts within each state. Each report compares the statistics from the respective district, circuit, or state to theContinue Reading

U.S. Carbon Dioxide Emission Trends and the Role of the Clean Power Plan

CRS report via FAS – U.S. Carbon Dioxide Emission Trends and the Role of the Clean Power Plan, Jonathan L. Ramseur, Specialist in Environmental Policy. April 11, 2016. “Recent international negotiations and domestic policy developments have generated interest in current and projected U.S. greenhouse gas (GHG) emission levels. GHG emissions are generated throughout the UnitedContinue Reading