Systematic Government Access to Private-Sector Data in the United States I

Author(s):  
Stephanie K. Pell

After the September 11 attacks, law enforcement's mission expanded to include, at times even prioritize, the general “prevention, deterrence and disruption” of terrorist attacks, which presumed a new emphasis upon threat detection and identification by analyzing patterns in larger, less specific bodies of information. Indeed, the unprecedented level of “third-party” possession of information inevitably makes the private sector the most reliable and comprehensive source of information available to law enforcement and intelligence agencies alike. This chapter explores the potential applications of systematic government access to data held by third-party private-sector intermediaries that would not be considered public information sources but, rather, data generated based on the role these intermediaries play in facilitating economic and business transactions (including personal business, such as buying groceries or staying at a hotel on vacation).

Author(s):  
Fred H. Cate ◽  
Beth E. Cate

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).


Author(s):  
Ira S. Rubinstein ◽  
Gregory T. Nojeim ◽  
Ronald D. Lee

There has been an increase worldwide in government demands for data held by the private sector. In most countries studied, the publicly accessible law provides an inadequate foundation for systematic access, both from a human rights perspective and at a practical level. Transparency about systematic access remains weak. Access for national security purposes is more sparingly regulated than is access for criminal investigation purposes. Relying on the country reports prepared for this project, this chapter develops both a descriptive framework for comparing national laws on surveillance and government access to data held by the private sector, and a normative framework based on factors derived from constitutional and human rights law. A robust, global debate is needed on the standards for government surveillance, premised on greater transparency about current practices. International human rights law provides a useful framework for that debate.


Author(s):  
Jean L. Wiecha ◽  
Mary K. Muth

Efforts in the United States and abroad to address the chronic disease epidemic have led to the emergence of voluntary industry agreements as a substitute for regulatory approaches to improve the healthfulness of foods and beverages. Because of the lack of access to data and limited budgets, evaluations of these agreements have often been limited to process evaluation with less focus on outcomes and impact. Increasing scientific scope and rigor in evaluating voluntary food and beverage industry agreements would improve potential public health benefits and understanding of the effects of these agreements. We describe how evaluators can provide formative, process, and outcome assessment and discuss challenges and opportunities for impact assessment. We explain how logic models, industry profiles, quasi-experimental designs, mixed-methods approaches, and third-party data can improve the effectiveness of agreement design and evaluation. These methods could result in more comprehensive and rigorous evaluation of voluntary industry agreements, thus providing data to bolster the public health impacts of future agreements. However, improved access to data and larger evaluation budgets will be needed to support improvements in evaluation.


Author(s):  
Christopher A. Bail

In July 2010, Terry Jones, the pastor of a small fundamentalist church in Florida, announced plans to burn two hundred Qur'ans on the anniversary of the September 11 attacks. Though he ended up canceling the stunt in the face of widespread public backlash, his threat sparked violent protests across the Muslim world that left at least twenty people dead. This book demonstrates how the beliefs of fanatics like Jones are inspired by a rapidly expanding network of anti-Muslim organizations that exert profound influence on American understanding of Islam. The book traces how the anti-Muslim narrative of the political fringe has captivated large segments of the American media, government, and general public, validating the views of extremists who argue that the United States is at war with Islam and marginalizing mainstream Muslim-Americans who are uniquely positioned to discredit such claims. Drawing on cultural sociology, social network theory, and social psychology, the book shows how anti-Muslim organizations gained visibility in the public sphere, commandeered a sense of legitimacy, and redefined the contours of contemporary debate, shifting it ever outward toward the fringe. The book illustrates the author's pioneering theoretical argument through a big-data analysis of more than one hundred organizations struggling to shape public discourse about Islam, tracing their impact on hundreds of thousands of newspaper articles, television transcripts, legislative debates, and social media messages produced since the September 11 attacks. The book also features in-depth interviews with the leaders of these organizations, providing a rare look at how anti-Muslim organizations entered the American mainstream.


1993 ◽  
Vol 28 (3-5) ◽  
pp. 65-68
Author(s):  
Michelle Miller

The following case study addresses the difficulties and promise of developing a statewide interagency public information campaign to raise general awareness of water quality issues and governmental programs to address them. Due to only moderate success of voluntary programs to curb nonpoint source pollution, agencies are looking toward information and education programs to motivate the public toward conservation behavior. One of the biggest obstacles in developing an effective information/education program is institutional barriers to interagency cooperation, mirroring difficulties local conservationists encounter in their work to restore and maintain water quality at the watershed level. Cooperation between federal agencies, and resource commitment to public information is necessary at the federal level, as well as state and local levels. Agencies involved to date include the United States Department of Agriculture-Soil Conservation Service; Wisconsin State Departments of Natural Resources, and Agriculture, Trade and Consumer Protection and Administration; University of Wisconsin-Extension; Wisconsin Land Conservation Association.


Author(s):  
Sang Jo Jong

This chapter examines the statutory grounds for governmental access to private-sector data in Korea. It focuses on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice. Systematic government access to private-sector data can take place through warrants issued by a court. Notably, due to the unique truce situation, under which the Republic of Korea is technically still at war with North Korea, Korean authorities are sometimes allowed to obtain private-sector data without warrants, for national security purposes. This chapter examines the statutory grounds for governmental access to private-sector data in Korea, focusing specifically on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice.


Author(s):  
Motohiro Tsuchiya

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.


Firms generally begin as privately owned entities. When they grow large enough, the decision to go public and its consequences are among the most crucial times in a firm’s life cycle. The first time a firm is a reporting issuer gives rise to tremendous responsibilities about disclosing public information and accountability to a wide array of retail shareholders and institutional investors. Initial public offerings (IPOs) offer tremendous opportunities to raise capital. The economic and legal landscape for IPOs has been rapidly evolving across countries. There have been fewer IPOs in the United States in the aftermath of the 2007–2009 financial crisis and associated regulatory reforms that began in 2002. In 1980–2000, an average of 310 firms went public every year, while in 2001–2014 an average of 110 firms went public every year. At the same time, there are so many firms that seek an IPO in China that there has been a massive waiting list of hundreds of firms in recent years. Some countries are promoting small junior stock exchanges to go public early, and even crowdfunding to avoid any prospectus disclosure. Financial regulation of analysts and investment banks has been evolving in ways that drastically impact the economics of going public—in some countries, such as the United States, drastically increasing the minimum size of a company before it can expect to go public. This Handbook not only systematically and comprehensively consolidates a large body of literature on IPOs, but provides a foundation for future debates and inquiry.


2021 ◽  
pp. 106002802110233
Author(s):  
C. Michael White

Objective Assess the current daily interim reference level of lead and the amount contained in current mineral and multivitamin-multimineral (MVM) products. Data Sources PubMed search from 1980 to May 15, 2021, limited to the English language, via the search strategy ((mineral OR multivitamin OR calcium OR iron OR magnesium OR copper OR zinc OR chromium OR selenium) AND (heavy metals OR Pb OR lead)). Study Selection and Data Extraction Narrative review of studies assessing lead content in mineral or MVM products. Data Synthesis Products containing different calcium forms (dolomite, bone meal, natural carbonate) have historically had higher lead levels than others (refined carbonate, lactate, gluconate, acetate, sevelamer), but the gap has closed considerably since the year 2000. Although only limited assessments of magnesium and zinc supplements have been conducted, no alarming average lead amounts were found. MVM products assessed since 2007 had low median or mean lead concentrations. However, large interproduct differences exist, with many products having very little lead and some products having concerning amounts. Relevance to Patient Care and Clinical Practice It is difficult for pharmacists and consumers to know the amount of lead in an actual product unless it is tested in an independent third-party lab. The United States Pharmacopeia and NSF International will provide a seal on the products stating that the products have a low level of lead, but even so, children could receive more lead than the Food and Drug Administration’s Interim Reference Level. Conclusions The threat from lead exposure in mineral and MVM products have diminsihed considerably over time but some products can still have excessive amounts. Without third-party testing, it is difficult for clinicians and consumers to know which outlier products to avoid.


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