Deck 15: Counterterrorism

Question 1

In 1994, FISA was extended to cover physical searches of ______.

A)computers
B)dwellings and structures
C)personal records
D)automobiles

Answer 1

B

Question 2

______ are employed to record telephone numbers dialed from a phone.

A)Trap devices
B)Pen registers
C)Race devices
D)Roving wiretaps

Answer 2

B

Question 3

According to the 2006 amendment to the USA PATRIOT Act, the standard delay of notification of a sneak-and-peek search is set at ______.

A)12 hr
B)7 days
C)30 days
D)90 days

Answer 3

C

Question 4

Sneak-and-peek searches have been conducted primarily for ______ offenses in the past.

A)narcotics
B)espionage
C)murder
D)financial fraud

Question 5

All of the following are considered characteristics of the U.S.State Department's definition of terrorism except ______.

A)political motivation
B)violence perpetrated against noncombatants
C)intended to kill high numbers of victims
D)carried out by a subnational group

Question 6

In order to obtain a FISA warrant, the government must ______ that the target of the order may engage in terrorism or other acts threatening to national security.

A)show the probability of a possibility
B)show by a preponderance of the evidence
C)demonstrate probable cause
D)demonstrate reasonable suspicion

Question 7

A search in which law enforcement agents are able to delay notification of a suspect that they have conducted the search is known as a/an ______.

A)anticipatory search
B)covert search
C)espionage search
D)underground investigation

Question 8

The primary purpose of a FISA warrant must be to investigate a threat to national security or ______.

A)a threat of espionage
B)a threat of sedition
C)a threat of terrorism
D)a threat of treason

Question 9

The FISA Act regulates all of the following except ______.

A)surveillance within the United States of international threats
B)addressing the surveillance of Americans and American residents abroad
C)it does not regulate the surveillance of non-U.S.residents outside of the United States
D)it regulates the surveillance of non-U.S.citizens

Question 10

All of the following are examples of individuals who may be a target of a FISA warrant except ______.

A)diplomats
B)foreign agents
C)individuals affiliated with foreign terrorist groups
D)individuals who commit domestic hate crimes

Question 11

FISA warrants for electronic surveillance and for physical searches authorize government investigations for ______.

A)60 days
B)80 days
C)100 days
D)120 days

Question 12

Which of the following is true regarding the definition of terrorism?

A)In order for an act to be considered terrorism, the act must be designed to inflict mass casualties under all definitions.
B)All federal governmental agencies operate from the same definition of terrorism.
C)The U.S.federal government has defined terrorism in such a way as to require all other U.S.agencies to adhere to the same definition.
D)All law enforcement agencies follow the definition of terrorism as set forth by NATO.

Question 13

Which of the following came under criticism in the wake of the 9/11 terrorist attacks?

A)FISA's "the wall"
B)pen registers
C)state secrets doctrine
D)sneak-and-peek searches

Question 14

The FISA Act was passed in response to the U.S.Supreme Court's ruling in which of the following cases?

A)United States v.United States District Court (Keith)
B)United States v.Brown
C)Keith v.United States District Court
D)United States District Court v.United States Supreme Court

Question 15

Using the powers granted in the FISA Act, what standard of proof must the government meet in order to obtain a warrant to investigate threats of terrorism?

A)a higher standard to investigate criminal activities
B)the same standard as that required to investigate criminal activities
C)a more lax standard than what is required to investigate criminal activities
D)a mere suspicion standard

Question 16

Terrorism that involves individuals from more than one country or territory of more than one country is known as ______.

A)domestic terrorism
B)global terrorism
C)international terrorism
D)state-sponsored terrorism

Question 17

A/an ______ authorizes law enforcement to delay notifying an individual who they have conducted a search.

A)extraordinary rendition
B)material witness warrant
C)state secrets doctrine
D)sneak-and-peek search

Question 18

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 is commonly known as the ______.

A)FISA Act
B)Homeland Security Act
C)Special Authorities Act
D)USA PATRIOT Act

Question 19

Which of the following is the provision that authorizes the surveillance of non-U.S.residents who are not agents of a foreign power or affiliated with an international terrorist organization but
Who are engaged in international terrorism or in activities in preparation for international terrorism?

A)the independent actor provision
B)the lone wolf provision
C)the solo practitioner provision
D)the new recruit provision

Question 20

Government lawyers are required to satisfy all of the following conditions to obtain a FISA warrant except ______.

A)the government must demonstrate probable cause that the target is the agent of foreign power or a member of an international terrorist organization
B)the government is not required to meet a lower probable cause standard that is used in ordinary criminal investigations
C)the purpose must be to investigate a threat to national security or threat of terrorism
D)the place or communication device targeted for surveillance must be being used or about to be used by a foreign power or terrorist organization to carry out activities that threaten national security

Question 21

In order to seize tangible records, the FBI must demonstrate what about the records?

A)that there are reasonable grounds to believe the records are relevant to the investigation of terrorism
B)probable cause to believe the records are relevant to the investigation of terrorism
C)there exists a preponderance of the evidence that the records are relevant to the investigation of terrorism
D)proof beyond a reasonable doubt that the records are relevant to the investigation of terrorism

Question 22

The federal government enacted a material witness law in ______.

A)1980
B)1982
C)1984
D)1986

Question 23

All of the following are criticisms of sneak-and-peek searches except ______.

A)sneak-and-peek searches should be limited to investigations of terrorism
B)a serious violation of the notice provision of the Fourth Amendment should be based on a strict reasonable cause standard
C)30 days is too lengthy a period to delay notice, and the notice provision should not be subject to extensions
D)there is little likelihood that a court will find that a prosecutor has failed to established grounds to conduct a sneak-and-peek search, given the broad basis for approving such searches

Question 24

An individual who is believed to possess material testimony to a criminal investigation and who is reasonably believed to flee or be otherwise unavailable to testify at a later date may be detained by
Means of a/an ______.

A)extradition warrant
B)general warrant
C)material witness warrant
D)summons warrant

Question 25

According to FISA, the U.S.attorney general can authorize emergency surveillance of a U.S. citizen for how long before obtaining a warrant?

A)12 hr
B)7 days
C)30 days
D)90 days

Question 26

______ refer(s) to the transfer of detainees from one country to another without the use of the ordinary legal process for enhanced interrogation.

A)Extradition
B)Extraordinary renditions
C)Movements
D)Transfers

Question 27

The president claimed the authority to create military commissions without consulting with Congress based on the ______.

A)Foreign Intelligence Surveillance Court
B)Authorization for Use of Military Force
C)Combat Status Review Tribunal
D)Foreign Intelligence Surveillance Act

Question 28

In 2001, President Bush issued an order stating that unlawful enemy combatants were to be tried before ______.

A)federal civilian courts
B)special grand juries
C)military commissions
D)undisclosed tribunals

Question 29

Which of the following officially ended the use of so-called enhanced interrogation techniques?

A)the Detainee Treatment Act of 2005
B)the Geneva Convention Reaffirmation Act of 2006
C)Hamdan v.Rumsfeld
D)United States v.Sattar

Question 30

In order to hold a noncitizen, the attorney general of the United States must show that there exists "______ to believe" that the individual has engaged in terrorist activities.

A)evidence
B)modified probable cause
C)probable cause
D)reasonable grounds

Question 31

Which of the following standards is utilized when seizing business records?

A)preponderance of evidence
B)probable cause
C)relevance standard
C)reasonable doubt

Question 32

All of the following have been suggested as reforms for material witness warrants except ______.

A)there should be limited on the length of detention
B)the government should be required to establish with a near certainty that unless detained, an individual is likely to flee or to be unavailable to testify
C)individuals should be detained in the same facilities from individuals convicted of criminal activity
D)individuals detained should be informed of the reasons for their detention and should be informed of their right to an attorney to challenge their arrests

Question 33

By what logic are counterterrorism officials allowed to monitor attorney-client communications under certain limited circumstances?

A)Terrorists have no civil rights.
B)Terror suspects have no civil rights.
C)Attorney-client privilege does not extend to the discussion of evidence of acts of terrorism.
D)Attorney-client privilege does not extend to the furtherance of acts of terrorism.

Question 34

How are individuals grouped in the Terrorist Screening Database (TSD)?

A)seriousness
B)nationality
C)age
D)religious beliefs

Question 35

In order to obtain access to information, the FBI believes to be relevant to an investigation of terrorism without a court order, a/an ______ must be issued.

A)FISA court order
B)general warrant
C)material witness warrant
D)national security letter

Question 36

Which of the following permits the U.S.government to intervene in any civil case and to ask the judge to prevent the presentation of evidence that would damage the security of the United States?

A)plain view doctrine
B)state secrets doctrine
C)good faith exception
D)castle doctrine

Question 37

The U.S.federal Convention Against Torture Implementation Act of 2005 makes it a crime punishable by up to ______ in prison to commit an act of torture "outside the United States."

A)10 years
B)20 years
C)30 years
D)40 years

Question 38

Military commissions have been used in the past to prosecute all of the following except ______.

A)Civil War soldiers
B)Nazi spies from WWII
C)WWII Japanese war criminals
D)American soldiers in Vietnam

Question 39

In United States v.Miller, the Supreme Court upheld the seizure of ______.

A)bank records
B)medical records
C)vital records
D)education records

Question 40

In order to prevent a subject of a national security letter from discussing the investigation, the FBI may ______.

A)ask the subject to sign a nondisclosure agreement
B)impose a gag order on the subject
C)place surveillance on the subject
D)place the subject in protective custody

Question 41

So-called sneak-and-peek searches have typically been used to investigate homicide.

Question 42

In which case did the U.S.Supreme Court rule that all detainees held at Guantanamo are entitled to habeas corpus?

A)Boumediene v.Bush
B)Hamdan v.Rumsfeld
C)Hamdi v.Rumsfeld
D)Rasul v.Bush

Question 43

Sneak-and-peek searches are limited to terrorism investigations.

Question 44

Expanded by

Question 45

The government is required to meet a higher probable cause standard than that used in ordinary criminal investigations.

Question 46

In which case did the U.S.Supreme Court hold that a U.S.citizen held abroad possessed the right to challenge his or her classification as an enemy combatant?

A)Boumediene v.Bush
B)Hamdan v.Rumsfeld
C)Hamdi v.Rumsfeld
D)Rasul v.Bush

Question 47

In which case did the U.S.Supreme Court hold that the conflict with al-Qaeda must be regulated by Article III of the Geneva Conventions?

A)Boumediene v.Bush
B)Hamdan v.Rumsfeld
C)Hamdi v.Rumsfeld
D)Rasul v.Bush

Question 48

Electronic service providers when contacted by law enforcement may voluntarily disclose stored electronic communications in an emergency situation involving the risk of danger or death or the immediate risk of serious physical harm.

Question 49

The United States is a government and country based on the rule of law.

Question 50

Law enforcement officers carrying out sneak-and-peek searches leave a copy of the warrant or a receipt indicating the material that they have examined in the dwelling.

Question 51

Shortly after taking office, the Obama administration replaced the phrase "war on terror" with "______."

A)Taliban conflict
B)operational discontent
C)overseas contingency operation
D)conflict against terrorists

Question 52

The commission system provides for all of the due process protections except ______.

A)the defendant is presumed innocent until proven guilty
B)the defendant is represented by an independent, appointed military counsel
C)guilt is to be determined by probable cause
D)statements resulting from torture or in violation of the DTA may not be introduced into evidence

Question 53

All of the following were identified as fatal flaws of military commissions except ______.

A)exclusion from trial
B)failure to follow rules of evidence
C)jury verdicts
D)unlimited appeals

Question 54

Requests for a warrant to conduct surveillance of a threat to national security or for a warrant to conduct surveillance involving international terrorism are filed before multiple judges.

Question 55

Pen registers are employed to record telephone numbers dialed from a phone.

Question 56

Who is responsible for evaluating whether detainees are enemy combatants?

A)combatant status review tribunals
B)administrative review boards
C)military commissions
D)foreign intelligence committees

Question 57

There are a wide variety of definitions of terrorism.

Question 58

In order to obtain a FISA warrant, the government must demonstrate probable cause that the target is the agent of a foreign power or a member of an international terrorist organization

Question 59

Which of the following administrations claimed that the federal courts had no jurisdiction to review the treatment of detainees at Guantánamo naval base?

A)Clinton
B)Bush
C)Obama
D)Trump

Question 60

A guilty verdict for any offense and for any sentence not resulting in death may be based on a ______ vote.

A)one-third
B)two-third
C)one-quarter
D)unanimous

Question 61

In order to issue a material witness warrant, the government must establish evidence of the
subject's flight risk to a "near certainty."

Question 62

Identify and discuss the four conditions needed to obtain a FISA warrant.

Question 63

The Bush administration argued that court-martial procedures could not be fully followed by military commissions.

Question 64

What are extraordinary renditions?

Question 65

What is a pen register?

Question 66

In Hamdan v.Rumsfeld, the Supreme Court held that the military commissions possessed several flaws.What were they and why were they problematic?

Question 67

According to the combatant status review tribunals, an enemy combatant is an individual who is
affiliated with or supports the Taliban, al-Qaeda, or associated forces.

Question 68

The director of the FBI or another FBI official may apply to the FISA court to issue orders granting the government access to any "tangible" item.

Question 69

What does the state secrets doctrine permit?

Question 70

What is an enemy combatant for purposes of the CSRT process?

Question 71

Individuals in the Terrorist Screening Database (TSD) are grouped by nationality.

Question 72

What reforms have been proposed for material witness warrants?

Question 73

Habeas corpus reviews have been granted to several Guantanamo detainees.

Question 74

Drones are small, remote-operated, pilotless aerial vehicles, which have become an important weapon in U.S.counterterrorism strategy.

Question 75

Material witness warrants have been subject to criticism.Several reforms have been proposed.
List and explain these reforms.Can you come up with any alternatives?

Question 76

The USA PATRIOT Act has come under extreme fire since its passage back in 2001.Explain,
from the material provided in the text, what the USA PATRIOT Act does and does not allow federal investigators to do.Does this information here strike you as too much authority for the government?
Why or why not?

Question 77

How are individuals grouped in the Terrorist Screening Database (TSD)?

Question 78

What does a sneak-and-peek warrant authorize?

Question 79

What is the purpose of the Foreign Intelligence Surveillance Act and what types of activities do
FISA cover?