D333 Laws and Acts Flashcards
What does the Foreign Corrupt Practices Act (FCPA) prohibit?
Illegal to bribe a Foreign Official, Political Party Official, Candidate for Political Office
What is the primary purpose of the Controlling the Assault of Non-Solicited Porn and Marking Act (CAN-SPAM)?
Law regulating legal spam
What are the requirements of the CAN-SPAM Act?
- Must have opt-out
- Must have a label stating it’s an ad or solicitation
- Must not hide being a fake return address
What does the American Recovery and Reinvestment Act ensure regarding ePHI?
Strong Security provisions for ePHI
What are some key provisions of the American Recovery and Reinvestment Act regarding health information?
- May not sell health information
- Promote use of audit trails and encryption
- Provide rights of access for patients
At what age does the Age Discrimination in Employment Act of 1967 start protecting individuals?
Starts protecting people at age 40
What is the focus of Executive Order 11246?
About discrimination in employment
What does the Children’s Online Privacy Protection Act (COPPA) grant to parents?
Control over collection, use, and disclosure of children’s personal information
What does the Communications Assistance for Law Enforcement Act (CALEA) require from the telecommunications industry?
Must include tools for federal agencies to eavesdrop and intercept communications
What is required for the interception of communications under CALEA?
Requires a court order
What protections does the Electronic Communications Privacy Act (ECPA) provide?
- Protection of the transfer of communications from sender to receiver
- Protection of communications while in storage
- Prohibits devices from recording dialing, routing, addressing, and signaling information without a search warrant
What does the European Union Data Protection Directive require from companies doing business within the EU?
Implement a set of privacy directives on the fair and appropriate use of information
What does the Fair and Accurate Credit Transaction Act allow consumers to do?
Obtain a free credit report once a year from 3 companies
What is regulated by the Fair Credit Reporting Act?
Operations of credit bureaus in how credit information is collected, stored, and used
What does the Family Educational Rights and Privacy Act (FERPA) require from educational institutions?
Must protect students records
What rights does FERPA give to parents?
Certain rights regarding their kid’s educational records
What is the purpose of the Foreign Intelligence Surveillance Act (FISA) Court?
Hears applications for orders approving electronic surveillance in the US
What does FISA describe?
The procedure for electronic surveillance and collection of foreign intelligence in communications
What does the FISA of 1987 Amendments of Act of 2008 grant the NSA?
Ability to collect international communications as they flow through the US without a warrant
What does the Freedom of Information Act allow citizens to do?
Request certain information from federal, state, and local government
What does the Gramm-Leach-Bliley Act (GLBA) require from financial institutions?
Explain information-sharing practices to customers and safeguard sensitive data
What is the primary goal of the Health Insurance Portability and Accountability Act (HIPAA)?
protect the privacy and security of individuals’ health information (PHI)
ensuring the portability of health insurance coverage
What does the National Security Letter (NSL) compel?
Holders of personal records to turn them over to the government
What is the NSL Gag provision?
Prohibits recipients of an NSL from informing anyone that the government has requested their records
What powers does the PATRIOT Sunsets Extension Act of 2011 provide?
Allows roving wiretaps and searches of business records
What does the Privacy Act establish?
A code of fair information practices for personal data collection, maintenance, use, and dissemination
What does the Right to Financial Privacy Act protect?
Records of financial institution customers from unauthorized scrutiny
What does Title III of the Omnibus Crime Control and Safe Streets Act regulate?
Intercepts of wire and oral communications
What is the USA Freedom Act known for?
Terminated the bulk collection of telephone metadata by the NSA
What powers did the USA PATRIOT Act provide to law enforcement and intelligence agencies?
Greater powers to search for telephone, email, medical, financial records
What does the Wiretap Act regulate?
Intercepts of wire and oral communications
What is the purpose of Anti-SLAPP Laws?
Designed to reduce fake SLAPPs
What did the Child Online Protection Act (COPA) aim to prohibit?
Making harmful material available to minors
What is the Children’s Internet Protection Act (CIPA) requirement for federally funded schools?
Use technological protection to block access to harmful material
What does the Communications Decency Act aim to do?
Protect kids from porn and impose fines for transmission of indecent material over the internet
What issues does the Digital Millennium Copyright Act (DMCA) address?
Copyright-related issues and limits ISP liability for copyright infringement
What does Section 230 of the Communications Decency Act (CDA) provide?
Immunity to ISPs for publishing user-generated content without assuming the role of content provider
What is a Strategic Lawsuit against Public Participation (SLAPP)?
A lawsuit filed to intimidate critics without merit
What does the Agreement of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) require?
Governments to enforce IP rights and impose penalties for violations
What does the Defend Trade Secrets Act of 2016 provide?
Civil remedy for trade secret misappropriation
What does the Economic Espionage Act of 1996 help law enforcement pursue?
Economic espionage
What does the Fair Use Doctrine allow?
Portions of copyrighted material to be used under certain conditions
What is the significance of the Leahy-Smith American Invents Act?
Patents awarded to the first person to file rather than the first inventor
What did the Prioritizing Resources and Organization of Intellectual Property (PRO-IP) Act 2008 create?
IP Enforcement Coordinator in the US and increased enforcement and penalties
What does the Uniform Trade Secrets Acts aim to achieve?
Brought uniformity to trade secret law in the USA
What is the purpose of the Health Information Technology for Economic and Clinical Health Act (HITECH)?
Incentivize health institutions to adopt electronic health record technology
What does SSAE No. 16 provide assurance about?
Effectiveness of internal controls at a service organization
What is the SSAE No. 16 Audit Report?
Auditing standard showing internal controls in accordance with SOX ACT of 2002
What is ISAE No. 3402/ IAASB?
International counterpart of SSAE No. 16
What replaced the European Union Data Protection Directive?
General Data Protection Regulation (GDPR )
What is the aim of the General Data Protection Regulation (GDPR )?
Replace the EU Data protection Directive
And to protect the personal data of individuals within the EU and ensure the free movement of such data
What is the the False Claims Act?
Federal law that makes it illegal to defraud the U.S. government
