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Index
Cover Page
Title Page
Copyright Page
Contents
Introduction
I Dragnets and Watchlists
1 The Webmaster and the Football Player
Material Support of Terrorism
The Football Player
The Material Support and Material Witness Dragnets
2 “Foreign Terrorist Organizations,” Humanitarians, and the First Amendment
The Iranian Democrat
Peacemakers and Humanitarians
3 Charity at Home
The Campaign Against Charities
Collateral Damage to Freedom of Religion and Association
4 Traveling with Terror
Watching the Watchlists
Security Theater?
The Rights of Others
5 Banks and Databanks
Financial Institutions as TIPSters
Watchlists and the Private Sector
Does It Work?
Collecting the Dots
Why Should I Care?—Privacy and Democracy
II Surveillance and Secrecy
6 Gutting the Fourth Amendment
The Fourth Amendment and Terrorism
“Foreign” Intelligence Surveillance, Americans, and the Patriot Act
Mayfield v. United States Part II
The Secret Court and the One-Sided Litigation
A Job for Congress and the Courts
7 The Patriot Act and Library/Business Records
American Librarians
Judicial Fumbling
Third-Party Records and the Fourth Amendment
Reconsidering the “Library Provision”
8 Gagging the Librarians
The Library Connection
Other Librarian Tales
9 John Doe and the National Security Letter
Why National Security Letters?
John Doe and Victor Marrero
Loosening the Gag
Fourth Amendment Rights for NSL Recipients
First Amendment Rights for Internet Users
The Inspector General Exposés, 2007–2010
10 The President’s Surveillance Program
In the Halls of the Department of Justice
The Rubber Stamp Congress
Closing the Courthouse Doors
Post-FAA Litigation
The Secret Court Strikes Again
“What Else Is It That We Don’t Know?”
III American Democracy
11 Losing Our Checks and Balances: The President, the Congress, and the Courts
The View from the Oval Office—From Bush to Obama and Beyond
The Sleeping Watchdog
Secrecy and the Courts
The Eclipse of the Courts
Conclusion
Ordinary Americans and the Constitution
Restoring Balance
Notes
Further Reading
Photo Credits
Index
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