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Enforcing the Surveillance Laws

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2 Responses

  1. Joe says:

    If a private party is aware of a search under an unlawful NSL, can they state a Bivens action?

  2. Ethan says:

    Only if it meets the Bivens threshold, which requires, among other things, a 4th Amendment violation. ECPA exists in large part because of Congressional dissatisfaction. That dissatisfaction arose from the exceedingly narrow scope of 4th Amendment protection (or more accurately, the absence of protection) the Supreme Court has given electronic communications.

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