Latest in Fifth Amendment
And we’re back, with co-hosts Steve Vladeck and Bobby Chesney breaking down the latest national security law news along with much else. This week the spotlight is on the D.C.
The U.S. District Court for the Southern District of New York has held that the 2019 Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”)—successor to the 2018 Anti-Terrorism Clarification Act—cannot subject the Palestinian Authority or Palestine Liberation Organization to the personal jurisdiction of federal courts for the purposes of terrorism-related civil liability, as the means by which it purports to secure their consent to such jurisdiction are in violation of the Fifth Amendment’s Due Process Clause.
An important case before the en banc Fifth Circuit will consider the Fifth Amendment Due Process Clause and personal jurisdiction, an issue that the Supreme Court has not addressed and one with broad significance for transnational litigation in U.S. courts.
The Ninth Circuit declined to rehear en banc a case concerning the application of the state secrets privilege. What were the various claims made in the case?
The U.S. Court of Appeals for the D.C. Circuit today rejected arguments by Abdul Razak Ali, an Algerian national held at Guantanamo Bay, that the full breadth of the Fifth Amendment’s Due Process Clause applies to Guantanamo detainees. The court denied Ali’s petition for a writ of habeas corpus.
You can read the opinion and judgment below:
The Internet of Things is a marvel. Cars, medical devices, homes, refrigerators—all of them now come with silicon chips and data collection, analysis and sharing capabilities. For the most part the enhancements in efficiency, connectivity and cost-reduction make the use of IoT a no-brainer. But lurking in the background are a host of unaddressed issues of cybersecurity, civil liberties, transparency, accountability, and privacy. Today's story of the Tell-Tale Heart lies at the intersection of technology, privacy and criminal law.
In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography violated restrictions related to the Posse Comitatus Act (PCA), but declined to suppress the evidence resulting from the agent’s investigation.