Chapter 8 Part III. Reports and Subpoenas 2 3 Government as Database A primary function of the federal government is collecting information. Information.

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Reports and Subpoenas. Authority for Reporting and Subpoenas Most state and federal agencies that have significant regulatory powers may require reporting.
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Presentation transcript:

Chapter 8 Part III

Reports and Subpoenas 2

3 Government as Database A primary function of the federal government is collecting information. Information is used for enforcement IRS EPA air and water pollution monitoring Information is used for research and standards CDC flu reporting system Unemployment reporting Federal reserve data collection on banking

4 Methods of Data Collection Administrative searches and inspections 1st and 3rd party These are also used by national security agencies First party reporting is reporting about your or your businesses own activities Can raise 4th & 5th amendment issues Third party reporting is about other people Privacy issues, but no 4th and 5th amendment issues Data sharing with other countries Data from private aggregators - Equifax, Facebook

5 Silver Platter Doctrine Revisited Private individual, not a state actor, can collect evidence without a warrant, or even illegally, and give to the police without triggering the exclusionary rule. What about private data aggregators? Equifax as an example - what do they collect? Do you have any control or rights in their access to your data? Are they covered by Silver Platter? What about social networks and ?

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