Professional Documents
Culture Documents
Incentives Matter: The Not-So-Civil Side of Civil Forfeiture
Incentives Matter: The Not-So-Civil Side of Civil Forfeiture
The Not-So-Civil
Side of Civil
Forfeiture
DARPANA SHETH
base of phone records without real judicial (three hops). Each hop widens the net ex- ments/world/us-vs-edward-j-snowden-crimi-
oversight. That’s unacceptable.” Slate (June ponentially, so that if the average person has nal-complaint/496.
21, 2013), available at www.slate.com/ 40 contacts, a single terrorism suspect could 62
“Pardon Edward Snowden,” We the People,
articles/technology/technology/2013/06/war- theoretically lead to records being collected Your Voice in the White House, available at
rantless_searches_the_court_oversight_of_ on 2.5 million people. https://petitions.whitehouse.gov/petition/
nsa_phone_surveillance_is_a.html. 59
“Since the (current) chief justice began pardon-edward-snowden (last visited May
57
“Liberty and Security in a Changing World,” making assignments in 2005, 86 percent of 27, 2016).
Report and Recommendations of The Pres- his choices have been Republican appoin- 63
Kate Knibbs, “White House Responds to
ident’s Review Group on Intelligence and tees, and 50 percent have been former exec- Petition to Pardon Snowden With a Hard
Communications Technologies, available at utive branch officials.” Scott Horton, “The Pass, Gizmodo (July 29, 2015), available
https://www.whitehouse.gov/sites/default/ G.O.P.’s Surveillance Judiciary,” Harper’s at http://gizmodo.com/white-house-re-
files/docs/2013-12-12_rg_final_report.pdf. Magazine (July 29, 2013), available at http:// sponds-to-petition-to-pardon-snowden-
58
The phrase “three hops,” which comes harpers.org/blog/2013/07/the-gops-surveil- with-1720831190.
from NSA honcho John Inglis’ testimony lance-judiciary. 64
“Publicity is justly commended as a remedy
to the House Judiciary Committee in July, 60
“About the Board,” Privacy and Civil Liberties for social and industrial diseases. Sunlight is
means that the agency can look at the com- Oversight Board, available at www.pclob.gov/ said to be the best of disinfectants; electric
munications of the person it’s targeting, plus about-us.html (last visited May 27, 2016). light the most efficient policeman.” Hon.
the communications of that person’s con- 61
United States v. Edward Snowden, Louis Brandeis, “Other People’s Money,”
tacts (one hop), plus the communications of No. 13-cr-265 (CMH) (E.D. Va.), Criminal National Home Library Foundation, 62 (1933).
those people’s contacts (two hops), plus the Complaint (filed June 14, 2013), available
communications of those people’s contacts at http://apps.washingtonpost.com/g/docu-