Use sources below

TQ 7.1: What does the Fourth Amendment protect, and what does it prohibit or require of the government? TQ 7.2: What is the "reasonable expectation of privacy" test? What is the "third party doctrine" and how does it affect the scope of Fourth Amendment protections? TQ 7.3: What are the Stored Communications Act and Wiretap Act? What do they generally require, and what purposes do they serve? Use examples from the readings. TQ 7.4: What was the contention between Apple and the FBI in the San Bernardino case? How was the case resolved, and what policy questions does it leave unanswered about the future? TQ 7.5: In the article written by Kaveh Waddel, encryption is described as a "luxury." Explain what this means, and why it matters, from a civil liberties perspective.

1. Selected Surveillance Laws The Fourth Amendment to the U.S. Constitution The Wiretap Act, 18 U.S.C. 2701-2712 (prospective surveillance in the future) The Stored Communications Act, 18 U.S.C. 2701-2711 (retrospective surveillance in the past) The Communications Assistance for Law Enforcement Act, 47 U.S.C. 1002 (mandated access to prospective surveillance) The All Writs Act of 1789, 28 U.S.C. 1651 (compelled assistance) 2. Carpenter v. United States, 138 S. Ct. 2206 (2018) 3. FBI Director James Comey, "Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?," Remarks Delivered at the Brookings Institution, October 16, 2014. 4. The San Bernardino Case: Apple v. FBI Ellen Nakashima , "Apple Vows to Resist Demand to Crack iPhone Linked to San Bernardino Attacks," The Washington Post, February 17, 2016 Kristin Finklea, Richard Thompson, Chris Jaikaran, "Court-Ordered Access to Smart Phone: In Brief," Congressional Research Service, February 23, 2016 Katie Brenner and Eric Lichtblau, "U.S. Says It Has Unlocked iPhone Without Apple," The New York Times, March 28, 2016. 5. Kaveh Waddell, "Encryption is a Luxury," The Atlantic, March 28, 2016