Science Frye vs United States (‘23) o courts will…examine [expert testimony regarding a new technology] within the relevant scientific community to determine if it is generally accepted as reliable enough to be presented in court.
70 years later… Daubert decision…(the Judge decides) empirical testing subjected to peer review and publication. known or potential error rate. maintenance of standards and controls generally accepted by a relevant scientific community.
1919 o J. Edgar Hoover wrote, “as a Special Assistant to the Attorney General of the United States, I was assigned to prepare a legal brief on the newly formed Communist Party - Communist Labor Party.” o “Communism would destroy the peace of the country and thrust it into anarchy, lawlessness, and immorality that passes the imagination.”
FBI Special Agents Crime Fighters of 1934 Oklahoma Gangster Era Kidnapping Extortion Theft From Interstate Shipment Interstate Transportation of Stolen Motor Vehicle Of Stolen Property Impersonation Bank Robbery Unlawful Flight To Avoid Prosection Bank Fraud Airplane Hijacking RICO Organized Crime
1940-1957 o "Hoover had a terrible premonition after World War II that America was going to be attacked by suicidal, kamikaze airplanes, by dirty bombs... and he never lost this fear.“ o Enemies by Tom Weiner … (Hoover's personal files on intelligence operations between 1945 and 1972.FOIA) o [Hoover] “believed that the Soviet Union was trying to steal America's atomic secrets, to burrow into the State Department, the Pentagon, the FBI and the White House — and he was right." (Weiner, NPR, 2013)
National Security Hoover wrote…“Masters of Deceit” (‘58) o The story of Communism in America o Operation SOLO was a long-running FBI program to infiltrate the Communist Party of the United States and gather intelligence about its relationship to the USSR, China, and other communist nations. It officially began in 1958 and ended in 1977. (fbi.gov)
1964 o Non–violent demonstrations o Anti-war protests Civil Rights Act of 1964 Cointelpro “Exclusionary Rule”
1973 Government mistrust Nixon’s “war-on-drugs”
1979-84 Advent of “Task Forces” o A crime fighting tool o White-collar crime… A single scam can destroy a company, wipe out life savings, cost investors billions of dollars…Corruption o Foreign Counter-Intelligence
1993 Evidence Response Teams Weapons of Mass Destruction Biological Chemical Nuclear “CSI” (2000)
Homeland Security Technology…Cyber crime o Computer fraud… o Hacking o Child pornography o ID theft o Viruses/worms o Bullying o Stalking o Intrusions o Infra-structure o Organized crime o Terrorism "Hoover had a terrible premonition after World War II that America was going to be attacked…”
Alexander Hamilton’s defense of executive power …”decision, activity, secrecy, dispatch” (Federalist No.70, 1778) “Energetic and effective government is not the enemy of rights. In a world of predators, energetic and effective government is the vindicator of rights. Freedom unprotected by power is no freedom at all. Power unguided by information is no power at all. And the information most needed for national defense is not obtained by asking nicely for it.” (The Atlantic, We Need More Secrecy by David Frum, May 2014)