Law Enforcement and Privacy

Question 1

What is Telephone wire tap law?

Answer 1

Prohibits the wiretapping of wire communications and oral communications

Question 2

What are exceptions to the wiretap law?

Answer 2

one of the parties of the call has given consent

communication is intercepted in “the ordinary course of business”

Question 3

Does the electronic communications privacy act preempt stricter state laws?

Answer 3

No

Question 4

what does the electronic communications privacy act (ECPA) do?

Answer 4

Expands the ban on wiretaps to include “electronic communications”

Question 5

what does the California electronic communications privacy act do? (calEPCA)

Answer 5

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

Question 6

Penalties for Stored communications Act

Answer 6

Criminal and Civil

Question 7

What law was Stored Communications Act enacted as part of?

Answer 7

Electronic communications privacy act

Question 8

What does the stored communications Act do?

Answer 8

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

Question 9

What is a pen register?

Answer 9

records all outgoing telephone numbers

Question 10

What is a tap and trace?

Answer 10

captures the telephone numbers of all incoming calls?

Question 11

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”

Answer 11

True

Question 12

What did the US Patriot act expand in terms of ECPA?

Answer 12

Expanded the definitions beyond telephone numbers to include “dialing, routing, addressing, or signaling information” transmitted to or from a device or process

Question 13

USA Freedom act set new rules for what, in respect for ECPA

Answer 13

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

Question 14

What does the Communications assistance for law enforcement act do? (CALEA)

Answer 14

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

Question 15

Communications assistance for law enforcement act requires telecom carriers to design their systems for what purpose?

Answer 15

to ensure they can carry out a

lawful order to provide government access to communications

Question 16

Communications assistance for law enforcement act originally excluded this industry but later ruled it a telecom service

Answer 16

Internet providers

Question 17

What does the cyber information sharing act (CISA) do?

Answer 17

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

Question 18

Provisions for Cyber information sharing act

Answer 18

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

Question 19

What does Right to financial privacy act do?

Answer 19

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

Question 20

Right to financial privacy act conditions:

Answer 20

• Customer authorization
• Appropriate administrative subpoena or summons
• Qualified search warrant
• Appropriate judicial subpoena
• Appropriate formal written request from an authorized government authority

Question 21

What does the privacy protection act do?

Answer 21

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

Question 22

Rules around the privacy protection act (PPA)

Answer 22

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

Question 23

Privacy Protection Act exception

Answer 23

If there is probable cause to believe that a reporter has committed or is in the process of committing a crime

Question 24

Who does the privacy protection act apply to?

Answer 24

All government officials in every level of government