http://www.concurringopinions.com/archives/2007/03/enforcing_the_s.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2007/03/enforcing_the_s.html/comment-page-1#comment-55030 Ethan Wed, 14 Mar 2007 20:59:35 +0000 http://www.solove.org/archives/2007/03/enforcing-the-surveillance-laws.html#comment-55030 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. 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.

]]> http://www.concurringopinions.com/archives/2007/03/enforcing_the_s.html/comment-page-1#comment-55029 Joe Mon, 12 Mar 2007 00:51:27 +0000 http://www.solove.org/archives/2007/03/enforcing-the-surveillance-laws.html#comment-55029 If a private party is aware of a search under an unlawful NSL, can they state a Bivens action? If a private party is aware of a search under an unlawful NSL, can they state a Bivens action?

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