June 9, 2013
Re "Feds tracking all U.S. calls," June 7 In her defense of the government's collection of data from nearly every phone call in the U.S., Senate Intelligence Committee head Dianne Feinstein (D-Calif.) said, "It's called protecting America. " I have always believed that the foremost duty of elected officials is to support and defend the Constitution. In this instance, the rights that need protection are guaranteed by the 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
October 2, 2011
In the term that begins Monday, the Supreme Court will address issues as diverse as the limits of copyright law, the appeals process for owners of wetlands regulated by the Environmental Protection Agency and whether the government of California can order reductions in Medi-Cal reimbursements. It is also likely that the court will rule on challenges to the constitutionality of the Patient Protection and Affordable Care Act, derided by its critics as "Obamacare. " As is often the case, however, some of the most important cases on the court's docket involve individual rights.
April 9, 2009 |
John Yoo is a professor of law at UC Berkeley. This semester, he is my colleague -- as a visiting professor -- at Chapman University's School of Law. Yoo is also under investigation by the Justice Department's inspector general for his role in producing a number of controversial memorandums during his service in the department during the Bush administration. The memos include one stating that the president may authorize the torture of suspected terrorists. I am a former federal prosecutor.
December 15, 2009 |
The Supreme Court said Monday it would rule for the first time on whether employees had a right to privacy when they sent text messages on electronic devices supplied by their employers. The justices agreed to hear an appeal from the city of Ontario, which was successfully sued by police Sgt. Jeff Quon and three other officers after their text messages -- some of which were sexually explicit -- were read by the police chief. At issue is whether the chief violated their rights under the 4th Amendment, which forbids "unreasonable searches" by the government.
May 21, 2006
Re "Forget privacy: We need to spy more," Opinion, May 17 Fair enough; Let's start with Max Boot. In his next column, Boot should publish his home address, phone number, private e-mail address, Social Security number, driver's license number and some of his credit card numbers. My guess is that he won't do it. It's easy to say we need more spying until you realize that they're getting information on you and that information can be used or sold to your detriment. As a proud American, I will not support the abandonment of the 4th Amendment, but if Boot wants to, why doesn't he start by publishing his private information?
December 30, 2012
If a law enforcement agency wants to examine your snail mail or the contents of your computer hard drive, it must obtain a search warrant, which means it must convince a judge that there is probable cause that a crime has been committed. But no warrant is required to obtain email or documents you have stored in a computer "cloud" so long as they are 180 days old. That would have changed under legislation recently approved by the Senate Judiciary Committee at the behest of its chairman, Sen. Patrick J. Leahy (D-Vt.)
May 14, 2002
Regarding "Ashcroft's Gunslinger Style," editorial, May 10: What an outrage! Our U.S. Department of Justice actually has the gall to argue that the constitutional "right of the people to keep and bear arms" means that the people have a constitutional right to keep and bear arms! What will these wild-eyed gunslingers think of next? Maybe they'll completely flip out and decide that "the people" also have a 1st Amendment right to peaceably assemble and to petition the government for redress, a 4th Amendment right to be free from unreasonable search and seizure and 9th and 10th Amendment rights to retain any other rights and powers not enumerated in the Constitution.
November 17, 2009
A man's home may be his castle, but few of us -- even celebrities -- have moats these days to protect our privacy. That was true long before the "bling ring" allegedly used the Internet to case the cribs of Lindsay Lohan and Paris Hilton. Nor did thieves have to wait for the invention of Google maps to reconnoiter neighborhoods in search of easily accessible homes. That's worth remembering if, as we fear, some legislator decides that a law should be passed to prevent Internet surfers from looking at houses they easily could scope out from the sidewalk.
CALIFORNIA | LOCAL
March 29, 2001 |
Ours is a country in which you are ill-advised to be a fetus. The highest court in the land has ruled that you're a parasite, disposable at will, even when you're almost out of the chute. You're just an extension of your mother's whim. She can do whatever she likes with you. Her court-instituted right to "choose" trumps your right to live. Now, taking a new leap, the courts have decided that her right to privacy trumps your right to a clean bill of health.
June 6, 2013 |
WASHINGTON - A newly published court order has confirmed what key members of Congress said they had known for years - that the government had routine access to the dialing records for hundreds of millions of phone calls in the United States. The report raised new questions about secret surveillance and unchecked government power. Q: What information is being obtained? A: The order called it "metadata" that consisted of telephone numbers and the times and duration of calls, but not the contents of the phones calls or the names and addresses of those who owned the phones.