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United States V. Warshak
''United States v. Warshak'', 631 F.3d 266 (6th Cir. 2010) is a criminal case decided by the United States Court of Appeals for the Sixth Circuit holding that government agents violated the defendant's Fourth Amendment rights by compelling his Internet service provider (ISP) to turn over his emails without first obtaining a search warrant based on probable cause. However, constitutional violation notwithstanding, the evidence obtained with these emails was admissible at trial because the government agents relied in good faith on the Stored Communications Act (SCA). The court further declared that the SCA is unconstitutional to the extent that it allows the government to obtain emails without a warrant. This case is notable because it is the first case from the United States Circuit Court of Appeals to explicitly hold that there is a reasonable expectation of privacy in the content of e-mails stored on third party servers and that the content of these emails is subject to Four ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure Case Law
Searching or search may refer to: Computing technology * Search algorithm, including keyword search ** :Search algorithms * Search and optimization for problem solving in artificial intelligence * Search engine technology, software for finding information ** Enterprise search, software or services for finding information within organizations ** Web search engine, a service for finding information on the World Wide Web Music * Search (band), a Malaysian rock band * "Searchin'", a 1957 song originally performed by The Coasters * "Searching" (China Black song), a 1991 song by China Black * "Searchin'" (CeCe Peniston song), a 1993 song by CeCe Peniston * "Searchin' (I Gotta Find a Man)", a 1983 dance song by Hazell Dean * "Searching" (INXS song), a 1997 song by INXS * "Searching" (Pete Rock & CL Smooth song), a 1995 song from the Pete Rock & CL Smooth album ''The Main Ingredient'' * ''Searching'', a 2013 album by Jay Diggins * "Searching", a 1980 single by Change * "Searching ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health Fraud
Quackery, often synonymous with health fraud, is the promotion of fraudulent or ignorant medical practices. A quack is a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, knowledge, qualification or credentials they do not possess; a charlatan or snake oil salesman". The term ''quack'' is a clipped form of the archaic term ', from nl, kwakzalver a "hawker of salve". In the Middle Ages the term ''quack'' meant "shouting". The quacksalvers sold their wares on the market shouting in a loud voice. Common elements of general quackery include questionable diagnoses using questionable diagnostic tests, as well as untested or refuted treatments, especially for serious diseases such as cancer. Quackery is often described as "health fraud" with the salient characteristic of aggressive promotion. Definition Psychiatrist and author Stephen Barrett of Quackwatch defines quackery "as the promotion of unsubstantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In United States Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet civil liberties. The EFF provides funds for legal defense in court, presents '' amicus curiae'' briefs, defends individuals and new technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms and online civil liberties, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use and solicits a list of what it considers abusive patents with intentions to defeat those that it considers without merit. History Fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Email Privacy Act
The Email Privacy Act is a bill introduced in the United States Congress. The bipartisan proposed federal law was sponsored by Representative Kevin Yoder, a Republican from Kansas, and then-Representative Jared Polis, a Democrat of Colorado. The law is designed to update and reform existing online communications law, specifically the Electronic Communications Privacy Act (ECPA) of 1986. In the 113th Congress (2013–15), the bill never made it out of subcommittee. In the 114th Congress (2015–17), the bill was unanimously passed by the House, but was derailed in the Senate following a series of weakening amendments offered by Republican Senator John Cornyn of Texas, the Senate Majority Whip. In the 115th Congress (2017–19) and 116th Congress (2019–21), the legislation passed the House, but failed to receive a vote in the Senate. Background and bill provisions The legislation would require authorities such as the U.S. Department of Justice and Securities and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wiretapping
Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it. Legal status Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all liberal democracies. In theory, telephone tapping often needs to be authorized by a court, and is again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. Oftentimes, the law and regulations require that the crime investigated must be at least of a certain severity. Illegal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # ''subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # ''subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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