Law Enforcement and Privacy Flashcards
What is Telephone wire tap law?
Prohibits the wiretapping of wire communications and oral communications
What are exceptions to the wiretap law?
one of the parties of the call has given consent
communication is intercepted in “the ordinary course of business”
Does the electronic communications privacy act preempt stricter state laws?
No
what does the electronic communications privacy act (ECPA) do?
Expands the ban on wiretaps to include “electronic communications”
what does the California electronic communications privacy act do? (calEPCA)
California government entities cannot search phones and police officers cannot search online accounts without:
• Permission from a judge
• Obtaining consent
• Showing it is an emergency
Penalties for Stored communications Act
Criminal and Civil
What law was Stored Communications Act enacted as part of?
Electronic communications privacy act
What does the stored communications Act do?
General prohibition against unauthorized acquisition, alteration or blocking of electronic communications while
in electronic storage in a facility through which an electronic communications service is provided
What is a pen register?
records all outgoing telephone numbers
What is a tap and trace?
captures the telephone numbers of all incoming calls?
True/False: Electronic communications privacy act provided for pen register and trap and trace orders from a judge under the relatively lenient legal standard
of “relevant to an ongoing investigation”
True
What did the US Patriot act expand in terms of ECPA?
Expanded the definitions beyond telephone numbers to include “dialing, routing, addressing, or signaling information” transmitted to or from a device or process
USA Freedom act set new rules for what, in respect for ECPA
new rules for national security investigations, prohibiting the use of pen register and trap and trace orders for bulk collection and restricting their use to circumstances where there were specific selectors,
such as an email address or telephone number
What does the Communications assistance for law enforcement act do? (CALEA)
Lays out the duties of defined actors in the telecommunications industry to cooperate in the interception of communications for law enforcement and other needs relating to the security and safety of the public
Communications assistance for law enforcement act requires telecom carriers to design their systems for what purpose?
to ensure they can carry out a
lawful order to provide government access to communications
Communications assistance for law enforcement act originally excluded this industry but later ruled it a telecom service
Internet providers
What does the cyber information sharing act (CISA) do?
Allows the federal government to share unclassified technical data with companies about how networks have been attacked and how successful defenses have been carried out
Provisions for Cyber information sharing act
Company must remove personal information before sharing
• Prohibits government from using shared information to regulate or take enforcement actions against
lawful activities
• Grants authorization for company’s monitoring and operating defensive measures
• Company is protected from liability for monitoring activities
What does Right to financial privacy act do?
No Government authority may have access to, or obtain copies of, the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described
Right to financial privacy act conditions:
- Customer authorization
- Appropriate administrative subpoena or summons
- Qualified search warrant
- Appropriate judicial subpoena
- Appropriate formal written request from an authorized government authority
What does the privacy protection act do?
Provides an extra layer of protection for members of the media and media organizations from government
searches or seizures in the course of a criminal investigation
Rules around the privacy protection act (PPA)
Government officials engaged in criminal investigations are not permitted to search or seize media work products
or documentary materials
Applies only to criminal investigations, not civil litigation
Privacy Protection Act exception
If there is probable cause to believe that a reporter has committed or is in the process of committing a crime
Who does the privacy protection act apply to?
All government officials in every level of government
