Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes

[Excerpt] The Foreign Intelligence Surveillance Act (FISA) of 1978 was the product of sweeping congressional investigation and deliberation prompted by perceived electronic surveillance abuses by the executive branch. Among other things, FISA established the Foreign Intelligence Surveillance Court (FISC) to review government applications to conduct electronic surveillance for foreign intelligence purposes and the Foreign Intelligence Surveillance Court of Review (FISA Court of Review) to review the decisions of the FISC. In the wake of revelations in June 2013 concerning the scope of orders issued by the FISC, many have questioned the efficacy of the current mechanisms for reviewing the executive branch’s intelligence gathering practices. While some have proposed altering the underlying substantive law that regulates such surveillance, other proposals address the practice and procedures of authorizing such surveillance activities. This report begins with an overview of both the FISC and the FISA Court of Review, including the jurisdiction of these courts, how the judges are appointed, and the FISC’s practices and procedures for reviewing and issuing surveillance orders. The report then discusses the scope and underlying legal principles behind congressional regulation of the procedures of the federal courts, and applies those principles with respect to the various proposals to reform the FISA judicial review process. These reforms include requiring the FISC to hear arguments from “friends of the court” or amici curiae, who would brief the court on the privacy or civil liberty interests implicated by a government application; mandating that in certain instances the FISC sit en banc—that is, with all 11 FISC judges; and altering the voting rules of the FISC and FISA Court of Review

Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments

[Excerpt] Beginning in the summer of 2013, media reports of foreign intelligence activities conducted by the National Security Agency (NSA) have been published and are apparently based on unauthorized disclosures of classified information by Edward Snowden, a former NSA contractor. The reports have focused on two main NSA collection activities conducted under the auspices of the Foreign Intelligence Surveillance Act (FISA) of 1978. The first is the bulk collection of telephony metadata for domestic and international telephone calls. The second involves the interception of Internet-based communications and is targeted at foreigners who are not within the United States, but may also inadvertently acquire the communications of U.S. persons. As the public’s awareness of these programs has grown, Members of Congress and the public have increasingly voiced concerns about the constitutionality of these programs. This report provides a description of these two programs and the various constitutional challenges that have arisen in judicial forums with respect to each. Although a brief overview of the constitutional arguments and issues raised in the assorted cases is included, a detailed analysis or evaluation of those arguments is beyond the scope of this report

Validating the use of intrinsic markers in body feathers to identify inter-individual differences in non-breeding areas of northern fulmars

Acknowledgments We thank Claire Deacon, Gareth Norton and Andrea Raab for help with laboratory work at the University of Aberdeen, and Barry Thornton and Gillian Martin for running stable isotope analysis at the James Hutton Institute. Thanks to all involved in the collection and processing of dead fulmars through the North Sea plastic pollution project at IMARES, with special thanks to Jens-Kjeld Jensen, Bergur Olsen and Elisa Bravo Rebolledo for samples from the Faroe Islands and Susanne Kühn for those from Iceland. Thanks to Orkney Islands Council for access to Eynhallow and to all the fieldworkers involved in deployment and recovery of the GLS tags. All ringing work was carried out under permit from the BTO, and feather sampling was carried out under licence from the Home Office. We are grateful to James Fox of Migrate Technologies for recovering data from GLS loggers which would not download, and Richard Phillips and Janet Silk of BAS for advice on GLS analysis. We thank Deborah Dawson of the NERC Biomolecular Analysis Facility, University of Sheffield and Stuart Piertney of University of Aberdeen for molecular sexing of the fulmars. Lucy Quinn was supported by a NERC Studentship and additional funding to support fieldwork was gratefully received from Talisman Energy (UK) Ltd. We thank Yves Cherel and two anonymous reviewers for their constructive comments on the manuscript.Peer reviewedPublisher PD

Evaporation of particle-stabilised emulsion sunscreen films

We recently showed (Binks et al., ACS Appl. Mater. Interfaces, 2016, DOI: 10.1021/acsami.6b02696) how evaporation of sunscreen films consisting of solutions of molecular UV filters leads to loss of UV light absorption and derived sun protection factor (SPF). In the present work, we investigate evaporation-induced effects for sunscreen films consisting of particle-stabilized emulsions containing a dissolved UV filter. The emulsions contained either droplets of propylene glycol (PG) in squalane (SQ), droplets of SQ in PG or droplets of decane in PG. In these different emulsion types, the SQ is involatile and shows no evaporation, the PG is volatile and evaporates relatively slowly, whereas the decane is relatively very volatile and evaporates quickly. We have measured the film mass and area, optical micrographs of the film structure, and the UV absorbance spectra during evaporation. For emulsion films containing the involatile SQ, evaporation of the PG causes collapse of the emulsion structure with some loss of specular UV absorbance due to light scattering. However, for these emulsions with droplets much larger than the wavelength of light, the light is scattered only at small forward angles so does not contribute to the diffuse absorbance and the film SPF. The UV filter remains soluble throughout the evaporation and thus the UV absorption by the filter and the SPF remain approximately constant. Both PG-in-SQ and SQ-in-PG films behave similarly and do not show area shrinkage by dewetting. In contrast, the decane-in-PG film shows rapid evaporative loss of the decane, followed by slower loss of the PG resulting in precipitation of the UV filter and film area shrinkage by dewetting which cause the UV absorbance and derived SPF to decrease. Measured UV spectra during evaporation are in reasonable agreement with spectra calculated using models discussed here

Spectrophotometry of thin films of light absorbing particles

Thin films of dispersions of light absorbing solid particles or emulsions containing a light absorbing solute all have a non-uniform distribution of light absorbing species throughout the sample volume. This results in non-uniform light absorption over the illuminated area which causes the optical absorbance, as measured using a conventional specular UV-vis spectrophotometer, to deviate from the Beer-Lambert relationship. We have developed a theoretical model to account for the absorbance properties of such films which are shown to depend on the size and volume fraction of the light absorbing particles plus other sample variables. We have compared model predictions with measured spectra for samples consisting of emulsions containing a dissolved light absorbing solute. Using no adjustable parameters, the model successfully predicts the behaviour of non-uniform, light absorbing emulsion films with varying values of droplet size, volume fraction and other parameters

Atlantic Ocean Heat Transport Enabled by Indo-Pacific Heat Uptake and Mixing

The ocean transports vast amounts of heat around the planet, helping to regulate regional climate. One important component of this heat transport is the movement of warm water from equatorial regions toward the poles, with colder water flowing in return. Here, we introduce a framework relating meridional heat transport to the diabatic processes of surface forcing and turbulent mixing that move heat across temperature classes. Applied to a (1/4)° global ocean model the framework highlights the role of the tropical Indo‐Pacific in the global ocean heat transport. A large fraction of the northward heat transport in the Atlantic is ultimately sourced from heat uptake in the eastern tropical Pacific. Turbulent mixing moves heat from the warm, shallow Indo‐Pacific circulation to the cold deeper‐reaching Atlantic circulation. Our results underscore a renewed focus on the tropical oceans and their role in global circulation pathways

A ship-based methodology for high precision atmospheric oxygen measurements and its application in the Southern Ocean region

A method for achieving continuous high precision measurements of atmospheric O-2 is presented based on a commercially available fuel-cell instrument, (Sable Systems, Oxzilla FC-II) with a precision of 7 per meg (approximately equivalent to 1.2 ppm) for a 6-min measurement. The Oxzilla was deployed on two voyages in the Western Pacific sector of the Southern Ocean, in February 2003 and in April 2004, making these the second set of continuous O-2 measurements ever made from a ship. The results show significant temporal variation in O-2, in the order of +/- 10 per meg over 6-hourly time intervals, and substantial spatial variation. Data from both voyages show an O-2 maximum centred on 50 degrees S, which is most likely to be the result of biologically driven O-2 outgassing in the region of subtropical convergence around New Zealand, and a decreasing O-2 trend towards Antarctica. O-2 from the ship-based measurements is elevated compared with measurements from the Scripps Institution of Oceanography flask-sampling network, and the O-2 maximum is also not captured in the network observations. This preliminary study shows that ship-based continuous measurements are a valuable addition to current fixed site sampling programmes for the understanding of ocean-atmosphere O-2 exchange processes. [References: 39

Environmental, developmental, and genetic factors controlling root system architecture

A better understanding of the development and architecture of roots is essential to develop strategies to increase crop yield and optimize agricultural land use. Roots control nutrient and water uptake, provide anchoring and mechanical support and can serve as important storage organs. Root growth and development is under tight genetic control and modulated by developmental cues including plant hormones and the environment. This review focuses on root architecture and its diversity and the role of environment, nutrient, and water as well as plant hormones and their interactions in shaping root architecture