WEEK-1 Flashcards

Exam Preparation

1
Q

Constitutional Law

A

Developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits

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2
Q

Statutory Law

A

Passed by a legislative branch of government, be it the U.S. Congress or a local city council.

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3
Q

Administrative Law

A

Power of government-sponsored agencies to enforce behaviors through administrative rulemaking

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4
Q

Case Law

A

Originates from the judicial branch of government: judges decide on the applicability of laws and regulations.

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5
Q

Preemption

A

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution

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6
Q

Private Right of Action

A

Allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in the law.

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7
Q

Law of Evidence

A

Rules and legal principles that govern the proof of facts in a legal proceeding

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8
Q

Tort

A

An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability

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9
Q

Injury

A

Describes the invasion of any legal right

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10
Q

Harm

A

Describes a loss or detriment in fact that an

individual suffers

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11
Q

Standing

A

The ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show sufficient connection to and harm from the law or action challenged.

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12
Q

Remedy

A

The form of court enforcement of a legal right resulting from a successful civil lawsuit

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13
Q

Damages

A

A legal remedy, damages are the sum of money the law imposes for a breach of some duty or violation of some right.

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14
Q

Injunction

A

Court order requiring a person to do or cease doing a specific action

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15
Q

Privacy Protection in Tort Law

A
  • Public disclosure of Private Facts – disclosure of private matter that is highly offensive to a reasonable person and is not of legitimate concern to the public
  • Intrusion upon Seclusion – intruding upon the solitude of seclusion of another or his private affairs or concerns if the intrusion is highly offensive to a reasonable person
  • False Light – disclosure of a matter that places a person in a false light that is highly offensive to a reasonable person
  • Appropriation – appropriation to his own use or benefit the name or likeness of the plaintiff
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16
Q

First Amendment

A
  • Right to speak anonymously;

- Freedom of association, which protects privacy of one’s associations;

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17
Q

Third Amendment

A

Protection of the home from the quartering of troops

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18
Q

Fourth Amendment

A

Protection to be secure in in their persons, houses, papers, and effects, against unreasonable searches and seizures;

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19
Q

Fifth Amendment

A

Privilege against self-incrimination

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20
Q

Code of Fair Information Practices established in 1973

A

-No personal-data record-keeping systems whose existence is secret
• There must be a way for an individual to find out what information about him is in a record and how it is used
• There must be a way for an individual to prevent information about him obtained for one purpose from being used or made available for other purposes w/o consent
• There must be a way for an individual to correct or amend a record of identifiable information about him
• Any organization creating, maintaining, using, or disseminating records of identifiable personal data must ensure the reliability of the data for their intended use and must take reasonable precautions to prevent misuse of data

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21
Q

Fair Credit Reporting Act

A

Provides citizens with rights regarding use and disclosure of their personal information by credit reporting agencies

22
Q

Privacy Act

A

Provides individuals with a number of rights concerning their personal information maintained in gov’t record systems

23
Q

Right to Financial Privacy Act

A

Requires subpoena or search warrant for law enforcement officials to obtain financial records

24
Q

Family Educational Rights and Privacy Act

A

Protects privacy of school records

25
Q

Foreign Intelligence Surveillance Act

A

Regulates foreign intelligence gathering within the US

26
Q

Privacy Protection Act

A

Restricts gov’t ability to search and seize the work product of the press and media

27
Q

Cable Communications Policy Act

A

Mandates privacy protection for records maintained by cable companies

28
Q

Electronic Communications Privacy Act

A

Updates federal electronic surveillance law to respond to new developments in technology

29
Q

Computer Matching and Privacy Protection

A

Regulates automated investigations conducted by gov’t agencies comparing computer files

30
Q

Employee Polygraph Protection

A

Governs use of polygraphs by employers

31
Q

Video Privacy Protection Act

A

Protects privacy of video tape rental information

32
Q

Telephone Communication Protection Act

A

Provides certain remedies from repeat phone calls by telemarketers

33
Q

Driver’s Privacy Protection

A

Restricts states from disclosing or selling personal info in their motor vehicle records

34
Q

HIPAA

A

Gives HHS authority to promulgate regulations governing privacy of medical records

35
Q

Identity Theft and Assumption Deterrence

A

Criminalizes transfer or use of fraudulent identification with intent to commit unlawful activity

36
Q

Children’s Online Privacy Protection

A

Restricts use of info gathered from children under age 13 by internet websites

37
Q

Gramm-Leach-Bliley

Hint -SPF

A

Requires privacy notices and provides opt-out rights when financial institutions seek to disclose personal data to other companies

38
Q

CAN-SPAM

A

Provides penalties for transmission of unsolicited email

39
Q

Fair and Accurate Credit Transactions Act

A

Updates Fair Credit Reporting

Act, providing additional protections against identity theft

40
Q

Video Voyeurism Prevention Act

A

Criminalizes the capturing of nude images of people (when on federal property) under circumstances where they have reasonable expectation of privacy

41
Q

Health Information Technology for Economic and Clinical Health Act

A

Expands HIPAA coverage, strengthens penalties for HIPAA violations and provides data breach notification under HIPAA

42
Q

Bank Secrecy Act

Some statutes mandated government collection of sensitive personal data

A

Requires banks to maintain reports of people’s financial transactions to facilitate gov’t white collar investigations

43
Q

USA-PATRIOT Act

Some statutes mandated government collection of sensitive personal data

A

Amends a number of electronic surveillance statutes and others to facilitate law enforcement investigations and access to information

44
Q

Personal Responsibility and Work Opportunity Reconciliation Act
(Some statutes mandated government collection of sensitive personal data)

A

Requires collection of personal info (SSNs, addresses, & wages) of all people who obtain a new job anywhere in the nation, which will be placed in a national database to help track deadbeat parents

45
Q

Communication Assistance for Law Enforcement Act

Some statutes mandated government collection of sensitive personal data

A

Requires telecommunication providers to facilitate gov’t interceptions of communications and surveillance

46
Q

4 Types of Laws?

A

Constitutional, Statutory, Administritive and Case or Common

C-S-A-C

47
Q

1.1. (True/False) US cyber laws begin with the notion of privacy.

A

TRUE

48
Q
1.2.	Why are consumers concerned with sharing personal information?
A.	Data may be stolen
B.	Data may be improperly disclosed
C.	Data may be lost
D.	All the above
A

D. All of the above

49
Q

1.3.The Four types of laws are Constitutional, statutory, administrative, and __________.

A

Ans: Case

The four sources of laws are constitutional, statutory, administrative, and case.

50
Q

1.4. Describe the repercussions a company may experience following a data breach.

A

Ans: Customer turnover and increased customer acquisition activities; reputation loss and information loss; and class-action litigation