Is there a minimum elapsed time required before a classified document can become declassified in the U.S.? Is there a minimum elapsed time required before a classified document can become declassified in the U.S.? I am wondering if any classified document can become unclassified at any time or not. I am thinking there's a minimum elapsed time, but I might be wrong.
No. A classification decision can be reversed by an original classification authority at any time, and the “declassify by” date on a classified document can be arbitrarily close. For instance, a military order might be set for automatic declassification once the operation is complete.
The question has no definitive resolution other than the authorities cited and some other related authorities such as the protocol rules of the Secretary of State for diplomatic purposes and the Presidential succession statute. It has never been litigated any reasonable interpretations of the the constitution and relevant law could be argued. There is also some case law under the appointments clause regarding which departments count as principal departments. There is a broad consensus regarding the existence of 15 principal departments of the United States government and which departments those 15 departments are in practice. I would say that the majority view is that the highest ranking person in each department is the principal officer of that department (which is provided for by statute in the event of vacancies) but there is also an argument that only the Congressional ratified and Presidentially nominated Secretary of a department (and the Attorney General in the Justice Department similarly appointed) count. In the event of a dispute, either Congress or a court could resolve the issue depending upon how the issues ended up being presented for a decision. If asked, the White House Counsel would render a formal opinion that would be binding upon all members of the Executive Branch. Triller novel writer Tom Clancy has explored some of the scenarios as have other writers in the same genre, but since the 25th Amendment has never been invoked in this manner, there is no definitive answer or even a non-judicial precedent to provide us with guidance on the question.
Question 1. Are technical identifiers personal data? Yes. If they identify a person. For example an IP Address is considered personal data, because a person or household can be identified by an IP. Yes, I know that technically there are a lot of exceptions. But in general, if you have an IP, you can identify the subscriber given the right databases. So if your identifier, lets say a generated GUID, identifies a customer or something the customer can be linked to, it is personal data. Question 2. Can technical identifiers be stored in measurement devices? Just because something is personal data, does not mean you are forbidden from using it. As long as you need it to do your job, you can store it. The internet would not work, if everybody was forbidden from storing any IP address. So to summarize it: yes, it is personal data since it identifies a subscriber. However, it is needed for the job your subscriber asked you to do. So for as long as the job takes, it is legal to store it. Once your job is done, you would be required to delete it. But consent trumps everything. If your subscriber consents to you keeping all data of such incidents to improve your network and handle future incidents better, then it's legal. Just let them sign it with your other legal paperwork. Done. No problem. You could just periodically delete all records that have no consent for long term storage beyond the current incident. Lets say every 24h or 48h. You should get the details on the wording of the paperwork and the period that it is legal to keep the data as &quot;current incedent related&quot; from your data protection officer or legal department.
Your wife is legally obligated to attend the deposition. If she does not attend, the Court can summarily hold her in contempt of court, issue a warrant for her arrest, and hold her in jail until a deposition can be rescheduled and held. She can be required to answer questions under oath at the deposition for the duration shown on the subpoena, or if no duration is specified, typically for up to six or seven hours. It is not her job to decide if it is a waste of time or not.
I believe that you have misinterpreted the case, not least because the Hudgins v I.R.S case involves this only peripherally. The original case Diviaio v Kelly was dealing with a request for the number of photographs taken of the plaintiff and if these had been disseminated outside the CIA. This is in no way shape or form a request for records (the records were found to be legitimately exempt). I see no problem in your FOI request. In fact, I can foresee the response: These, http://www.maine.gov/legis/ros/meconlaw.htm, are the laws we use to justify these actions. In a common law jurisdiction, a person (including the government) does not have to prove they are abiding by the law. The onus is on you to prove they aren't; they do not have to help you make your case.
As of present moment, under no circumstances. That said, the law may and probably will change around that. But the time has not come just yet. Trying to predict what the law will be is out of scope of this site.
I haven't found a recent case like this where it constitutes evidence. Military members didn't have an express right to remain silent until somewhere in the 1950s, so one chances are there might be cases prior to that point. The present right is codified in 10 U.S.C. 831, which is Article 31 of the UCMJ. That said, there is certainly a well documented adverse inference effect. While jurors aren't supposed to take the silence into account (e.g. when a defendant elects not to testify or exercises a right against self-incrimination), it's a difficult thing to do, practically speaking.
The standard is different for some of the kinds of surveillance described than others. 24x7, door-step, snitching-neighbors doesn't require any justification at all, except to convince someone that the time and money is worth it. It is not, in a constitutional sense a "search". Cell phone monitoring (meaning wiretapping) requires a sworn statement demonstrating probable cause to believe that is a crime has been, or is in the process of being, committed. In the alternative, if the surveillance involves a non-U.S. person, and the motive for doing so is espionage, pretty much all that an intelligence agency has to do is say that it is interested.