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CIPP/US 2021 > Chapter 6: Govt and Court Access to Private Sector Information > Flashcards

Chapter 6: Govt and Court Access to Private Sector Information Flashcards

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U.S. Geography flashcards
1
Q

Third party doctrine

A

Information turned over to third parties no longer belongs to the owner of the information. (Applies to transactions)

Relates to needing warrants for searches of third parties.

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2
Q

RFPA regulates…

A

Requests for financial information by the federal government.

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3
Q

RFPA doesn’t apply to…

A

State and local gov’t or private institutions

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4
Q

RFPA sharing exceptions…

A

Supervisory agencies (gov’t financial regulators: SEC, FDIC, CFPB, etc.)
De-identified data
Court orders
National security emergencies
SAR’s (suspicious activity reports)

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5
Q

How much time does a customer have to object to an RFPA request?

A

10 days from receiving the request or 14 days from when it was mailed.

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6
Q

RFPA enforced by

A

Private right of action with penalties of $100 per violation.
Punitive damages possible for intentional acts

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7
Q

Currency and Foreign Transactions Reporting Act aka

A

Bank Secrecy Act of 1970

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8
Q

BSA is about…

A

money laundering/transfer of wealth

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9
Q

BSA applies to… (9)

A

Financial Institutions
Precious metals dealers
Jewelers
Pawn brokers
Travel agencies
Telegraph companies
Car dealers
Gambling operations
USPS

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10
Q

BSA requires

A

Keeping records of financial transactions
Monitoring for money laundering
Anti-money laundering program

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11
Q

BSA record retention requirement…

A

5 years

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12
Q

Currency Transaction Report (CTR)

A

Report of any bank activity for a customer over $10,000 per day
Filed within 15 days of

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13
Q

Suspicious Activity Report (SAR)

A

Report on financial activity indicating money laundering or other crimes.

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14
Q

Are customers notified about SAR’s?

A

No

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15
Q

Who enforces BSA?

A

US Treasury Department

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16
Q

Katz vs. US

A

Katz used payphones for gambling. They were illegally tapped by the government.

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17
Q

ECPA purposes

A

Rules for wiretapping

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18
Q

Devices covered by ECPA

A

Pen registers
Trap and Trace

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19
Q

ECPA Wiretap Act prohibits

A

Spying on real-time comms without consent

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20
Q

Notable ECPA exception about consent

A

Communication may be intercepted or recorded with consent of only one party (some states are more strict)

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21
Q

ECPA Stored Communications Act

A

Covers data stored by third parties like files and email

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22
Q

ECPA Pen Registers & Trap and Trace

A

Protects communication metadata

23
Q

ECPA preemption

A

Does not preempt state laws

24
Q

CALEA

A

Communications Assistance for Law Enforcement Act

25
Q

CALEA helps law enforcement perform

A

legal searches

26
Q

CALEA prevents…

A

Telecommunications carriers from inhibiting lawful searches and designing products and services in a way that impedes law enforcement

27
Q

FISA rules for non-US persons acting as foreign agents in the US

A

No 4th Amendment protection
Surveillance permitted even without probable cause

28
Q

FISA authorization of surveillance methods

A

Only if pursuing foreign intelligence is significant purpose

29
Q

FISA Courts (FISC)

A

Special court for FISA intelligence

30
Q

How many FISA Court judges are there?

A

11 District Court judges

31
Q

FISA warrants expire after…

A

90, 120, 365 days

32
Q

Authority for Warrantless surveillance. How long and for who?

A

By the US AG. Up to 1 year for foreign powers with “no substantial likelihood” that surveillance will impact US persons

33
Q

FISA rules for US persons acting as foreign agents (spies)

A

4th Amendment applies

34
Q

FISA minimization procedure

A

Collected information is limited to the specific investigation.
Other information is not referenced in investigation

35
Q

Roving wiretaps

A

Applies to any devices used by an individual

36
Q

Patriot Act Lone Wolf provision

A

Allows FISA warrants for lone individuals involved in international terrorism

37
Q

Patriot Act Business Records Provision

A

Gov’t can demand records from 3rd parties without a subpoena or warrant if targeted at gaining foreign intelligence

38
Q

USA Freedom Act of 2015 Selection Terms

A

Specific search parameters

39
Q

USA Freedom Act

A

Tightened up privacy and surveillance from the Patriot Act

40
Q

CISA Act

A

Provides protection to companies for information sharing
Encourages companies to implement cyber defense

41
Q

CISA Cyber threat indicators sharing requirement

A

Remove PII

42
Q

Protections for companies under CISA Act (3)

A

Protection from anti-trust and attorney-client privilege
Shared information remains proprietary
Exempt from FOIA

43
Q

T/F CISA offers companies a form of Safe Harbor

A

True

44
Q

Zurcher vs. Stanford Daily

A

Stanford Daily newspaper didn’t want to respond to a search warrant and lost in the Supreme Court.

45
Q

PPA: Privacy Protection Act

A

Protects journalistic privacy
Prohibits law enforcement from searching journalistic personnel including their homes and offices

46
Q

Which law requires a “purpose to disseminate to the public?”

A

PPA

47
Q

What is the impact of a subpeona duces tetum in the PPA?

A

Forces a journalist to appear in court with their documents

48
Q

PPA exceptions (3)

A

Investigating a journalist as a suspect
Immediate search to prevent death and serious injury
To prevent destruction of evidence

49
Q

PPA Private Right of Action

A

Against law enforcement and gov’t personnel

50
Q

eDiscovery

A

Process of identifying, collecting, and producing electronic records for legal proceedings

51
Q

eDiscovery processing

A

Records are formatted and cleaned for review

52
Q

eDiscovery Review

A

Records are reviewed and redacted before sharing

53
Q

When is the best time for a privacy professional to get involved in eDiscovery?

A

Before a request

CIPP/US 2021 (13 decks)

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