LAWS AND ACTS Flashcards
STUDY
A law that specifies that it is legal to spam, provided the messages meet a few basic requirements—spammers cannot disguise their identity by using a false return address, the email must include a label specifying that it is an ad or a solicitation, and the email must include a way for recipients to indicate that they do not want future mass mailings.
CAN-SPAM
Established in 2003 to protect the nation’s Internet infrastructure against cyberattacks, it serves as a clearinghouse for information on new viruses, worms, and other computer security topics.
US-CERT U.S. COMPUTER EMERGENCY READINESS
An act that makes it a crime to bribe a foreign official, a foreign political party official, or a candidate for foreign political office.
FCPA - FOREIGN CORRUPT PRACTICES ACT
A wide-ranging act that authorized $787 billion in spending and tax cuts over a 10-year period and included strong privacy provisions for electronic health records, such as banning the sale of health information, promoting the use of audit trails and encryption, and providing rights of access for patients.
AMERICAN RECOVERY AND REINVESTMENT ACT
An act implemented in 1998 in an attempt to give parents control over the collection, use, and disclosure of their children’s personal information.
COPPA - CHILDREN’S ONLINE PRIVACY PROTECTION ACT
An act passed in 1994 that amended the Wiretap Act and Electronic Communications Privacy Act, which required the telecommunications industry to build tools into its products that federal investigators could use—after obtaining a court order—to eavesdrop on conversations and intercept electronic communications.
CALEA - COMMUNICATION ASSISANCE FOR LAW ENFORCMENT ACT
An act that deals with the protection of three main issues: (1) the protection of communications while in transfer from sender to receiver; (2) the protection of communications held in electronic storage; and (3) the prohibition of devices from recording dialing, routing, addressing, and signaling information without a search warrant.
ECPA - ELECTRONIC COMMUNICATIONS PRIVACY ACT
A directive that requires any company doing business within the borders of the countries comprising the European Union (EU) to implement a set of privacy directives on the fair and appropriate use of information.
EUROPERAN UNION DATA PROTECTION DIRECTIVE
An amendment to the Fair Credit Reporting Act passed in 2003 that allows consumers to request and obtain a free credit report once each year from each of the three primary consumer credit reporting companies (Equifax, Experian, and TransUnion).
FAIR AND ACCURATE CREDIT TRANSACTIONS
An act that regulates the operations of credit-reporting bureaus, including how they collect, store, and use credit information
FAIR CREDIT REPORTING
A federal law that assigns certain rights to parents regarding their children’s educational records.
FERPA - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
An act that granted NSA expanded authority to collect, without court-approved warrants, international communications as they flow through U.S. telecommunications network equipment and facilities.
FISA 1978 AMMENDMENT ACT OF 2008
The act allows surveillance, without court order, within the United States for up to a year unless the “surveillance will acquire the contents of any communication to which a U.S. person is a party.
escribes procedures for the electronic surveillance and collection of foreign intelligence information in communications between foreign powers and the agents of foreign powers. foreign intelligence is information relating to the capabilities, intentions, or activities of foreign governments or agents of foreign governments or foreign organizations.
FISA - FOREIGN INTELLIGENCE SURVELLIANCE ACT
An amendment to the United States Constitution that protects citizens from unreasonable government searches and is often invoked to protect the privacy of government employees.
FOURTH AMMENDMENT
A law that grants citizens the right to access certain information and records of federal, state, and local governments upon request.
FOIA - FREEDOM OF INFORMATION ACT
A bank deregulation law that repealed a Depression-era law known as Glass–Steagall and requires companies that offer consumers financial products or services like loans, financial or investment advice, or insurance—to explain their information-sharing practices to their customers and to safeguard sensitive data.
GLBA - Gramm-Leach-Bliley Act
An act designed to improve the portability and continuity of health insurance coverage; to reduce fraud, waste, and abuse in health insurance and healthcare delivery; and to simplify the administration of health insurance.
HIPAA - HEALTH INSURANCE PORTABLITY AND ACCOUNTABLITY ACT
An act that granted a four-year extension of two key provisions in the USA PATRIOT Act that allowed roving wiretaps and searches of business records.
PATRIOT Sunsets Extension Act of 2011
ESTABLISHES A CODE OF FAIR INFORMATION PRACTICES THAT SETS RULES FOR THE COLLECTION, MAINTENANCE, USE, AND DISSEMENATION OF PERSONAL DATA THAT IS KEPT IN SYSTEMS OF RECORDS BY FEDERAL AGENCIES
PRIVACY ACT
AN ACT THAT PROTECTS THE RECORDS OF FINANCIAL INSTITUTE CUSTOMERS FROM UNAUTHORIZED SCRUTINY BY THE FEDERAL GOVERNMENT
RIGHT TO FINANCIAL PRIVACY ACT
A LAW THAT REGULATES THE INTERCEPTION OF WIRE (TELEPHONE) AND ORAL COMMUNICATIONS ALSO KNOWS AS THE WIRETAP ACT
TITLE III OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
AN ACT PASSED FOLLOWING STARTLING REVELATION OF EDWARD SNOWDEN OF SECRET NSA SURVELLIANCE PROGRAMS, WHICH TERMINATED THE BULK COLLECTION OF TELEPHONE MEDIA DATA BY THE NSA
US FREEDOM ACT
AN ACT PASSED 5 WEEKS AFTER THE TERROIST ATTACK OF 9/11/2001 IT GAVE SWEEPING NEW POWERS BOTH TO DOMESTIC LAW ENFORCEMENT AND U.S. INTERNATIONAL INTELLIGENCE AGENCIES INCREASING THE ABILITY OF LAW ENFORCEMENT AGENCIES TO SEARCH TELEPHONE, EMAIL, MEDICAL, FINANCIAL, AND OTHER RECORDS
US PATRIOT ACT
A LAW THAT REGULATES THE INTERCEPTION OF WIRE (TELEPHONE) AND ORAL COMMUNICATIONS ALSO KNOWS AS THE TITLE III OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
WIRETAP ACT
LAWS DESIGN TO REDUCE FRIVOLOUS SLAPPS (STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION - SLAPP)
ANTI-SLAPP LAW
An act signed into law in 1998 with the aim of prohibiting the making of harmful material available to minors via the Internet; the law was ultimately ruled largely unconstitutional.
COPA - CHILD ONLINE PROTECTION ACT
An act passed in 2000; it required federally financed schools and libraries to use some form of technological protection (such as an Internet filter) to block computer access to obscene material, pornography, and anything else considered harmful to minors.
CIPA - CHILDREN’S INTERNET PROTECTION ACT
Title V of the Telecommunications Act, it aimed at protecting children from pornography, including imposing $250,000 fines and prison terms of up to two years for the transmission of “indecent” material over the Internet.
CDA - COMMUNICATION DECENCY ACT
Signed into law in 1998, the act addresses a number of copyright-related issues, with Title II of the act providing limitations on the liability of an Internet service provider for copyright infringement.
DMCA - DIGITAL MILLENIUM COPYRIGHT ACT
The first amendment in the U.S. Constitution that protects Americans’ rights to freedom of religion, freedom of expression, and freedom to assemble peaceably.
FIRST AMMENDMENT
A type of lawsuit that organizations may file in order to gain subpoena power in an effort to learn the identity of anonymous Internet users who they believe have caused some form of harm to the organization through their postings.
JOHN DOE LAWSUIT
A section of the Communications Decency Act that provides immunity to an Internet service provider (ISP) that publishes user-generated content, as long as its actions do not rise to the level of a content provider.
SECTION 230 OF THE CDA
A lawsuit filed by corporations, government officials, and others against citizens and community groups who oppose them on matters of concern. The lawsuit is typically without merit and is used to intimidate critics out of fear of the cost and effort associated with a major legal battle.
SLAPP - STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
An agreement of the World Trade Organization that requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
An act passed in 2016 that amended the Economic Espionage Act to create a federal civil remedy for trade secret misappropriation.
Defend Trade Secrets Act of 2016
An act passed in 1996 to help law enforcement agencies pursue economic espionage. It imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.
EEA - Economic Espionage Act of 1996
An act that changed the U.S. patent system so that the first person to file with the U.S. Patent and Trademark Office will receive the patent, not necessarily the person who actually invented the item first.
LEAHY-SMITH AMERICA INVENTS ACT
An act that created the position of Intellectual Property Enforcement Coordinator within the Executive Office of the President. It also increased trademark and copyright enforcement and substantially increased penalties for infringement.
IP-PRO - Prioritizing Resources and Organization for Intellectual Property Act of 2008
An act drafted in the 1970s to bring uniformity to all the United States in the area of trade secret law.
UTSA - UNIFORM TRADE SECRETS ACT
A program to incentivize physicians and hospitals to implement such systems. Under this act, increased Medicaid and Medicare reimbursements are made to doctors and hospitals that demonstrate “meaningful use” of electronic health record (EHR) technology.
HITECH - Health Information Technology for Economic and Clinical Health Act
A system that enables purchasers to evaluate, compare, and select electronic products based on a total of 51 environmental criteria.
EPEAT - Electronic Product Environmental Assessment Tool
A law enacted during the U.S. Civil War to combat fraud by companies that sold supplies to the Union Army; also known as the Lincoln Law. See also qui tam.
FALSE CLAIMS ACT
A provision of the False Claims Act that allows a private citizen to file a suit in the name of the U.S. government, charging fraud by government contractors and other entities who receive or use government funds. See also False Claim Act.
QUI TAM
An auditing standard issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA). It demonstrates that an outsourcing firm has effective internal controls in accordance with the Sarbanes-Oxley Act of 2002.
SSAE No. 16 audit report
