Privacy: an Overview of the Electronic Communications Privacy Act


Book Description

This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




Privacy


Book Description

In an age where electronic communications are changing in front of our eyes, the potential to do harm using mobile phones, satellite telephones and other means of communications rivals the good they do. On the other hand, law enforcement needs up-to-date tools (laws) to cope with the advances, the population must be protected from undue intrusions on their privacy. This book presents an overview of federal law governing wiretapping and electronic eavesdropping. It includes a selective bibliography fully indexed for easy access.







Overview of the Privacy Act of 1974


Book Description

2012 edition. Issued biennially. Contains a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.




Cryptography's Role in Securing the Information Society


Book Description

For every opportunity presented by the information age, there is an opening to invade the privacy and threaten the security of the nation, U.S. businesses, and citizens in their private lives. The more information that is transmitted in computer-readable form, the more vulnerable we become to automated spying. It's been estimated that some 10 billion words of computer-readable data can be searched for as little as $1. Rival companies can glean proprietary secrets . . . anti-U.S. terrorists can research targets . . . network hackers can do anything from charging purchases on someone else's credit card to accessing military installations. With patience and persistence, numerous pieces of data can be assembled into a revealing mosaic. Cryptography's Role in Securing the Information Society addresses the urgent need for a strong national policy on cryptography that promotes and encourages the widespread use of this powerful tool for protecting of the information interests of individuals, businesses, and the nation as a whole, while respecting legitimate national needs of law enforcement and intelligence for national security and foreign policy purposes. This book presents a comprehensive examination of cryptographyâ€"the representation of messages in codeâ€"and its transformation from a national security tool to a key component of the global information superhighway. The committee enlarges the scope of policy options and offers specific conclusions and recommendations for decision makers. Cryptography's Role in Securing the Information Society explores how all of us are affected by information security issues: private companies and businesses; law enforcement and other agencies; people in their private lives. This volume takes a realistic look at what cryptography can and cannot do and how its development has been shaped by the forces of supply and demand. How can a business ensure that employees use encryption to protect proprietary data but not to conceal illegal actions? Is encryption of voice traffic a serious threat to legitimate law enforcement wiretaps? What is the systemic threat to the nation's information infrastructure? These and other thought-provoking questions are explored. Cryptography's Role in Securing the Information Society provides a detailed review of the Escrowed Encryption Standard (known informally as the Clipper chip proposal), a federal cryptography standard for telephony promulgated in 1994 that raised nationwide controversy over its "Big Brother" implications. The committee examines the strategy of export control over cryptography: although this tool has been used for years in support of national security, it is increasingly criticized by the vendors who are subject to federal export regulation. The book also examines other less well known but nevertheless critical issues in national cryptography policy such as digital telephony and the interplay between international and national issues. The themes of Cryptography's Role in Securing the Information Society are illustrated throughout with many examplesâ€"some alarming and all instructiveâ€"from the worlds of government and business as well as the international network of hackers. This book will be of critical importance to everyone concerned about electronic security: policymakers, regulators, attorneys, security officials, law enforcement agents, business leaders, information managers, program developers, privacy advocates, and Internet users.







The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




Privacy


Book Description

An overview of fed. law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a biblio. of legal commentary as well as the text of the Electronic Commun. Privacy Act (ECPA) and the Foreign Intell. Surveillance Act. The gov¿t. has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, install and use pen registers and trap and trace devices for law enforcement purposes under the ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act. This report includes a brief summary of the expired Protect America Act, and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.




Scene of the Cybercrime


Book Description

When it comes to computer crimes, the criminals got a big head start. But the law enforcement and IT security communities are now working diligently to develop the knowledge, skills, and tools to successfully investigate and prosecute Cybercrime cases. When the first edition of "Scene of the Cybercrime" published in 2002, it was one of the first books that educated IT security professionals and law enforcement how to fight Cybercrime. Over the past 5 years a great deal has changed in how computer crimes are perpetrated and subsequently investigated. Also, the IT security and law enforcement communities have dramatically improved their ability to deal with Cybercrime, largely as a result of increased spending and training. According to the 2006 Computer Security Institute's and FBI's joint Cybercrime report: 52% of companies reported unauthorized use of computer systems in the prior 12 months. Each of these incidents is a Cybecrime requiring a certain level of investigation and remediation. And in many cases, an investigation is mandates by federal compliance regulations such as Sarbanes-Oxley, HIPAA, or the Payment Card Industry (PCI) Data Security Standard. Scene of the Cybercrime, Second Edition is a completely revised and updated book which covers all of the technological, legal, and regulatory changes, which have occurred since the first edition. The book is written for dual audience; IT security professionals and members of law enforcement. It gives the technical experts a little peek into the law enforcement world, a highly structured environment where the "letter of the law" is paramount and procedures must be followed closely lest an investigation be contaminated and all the evidence collected rendered useless. It also provides law enforcement officers with an idea of some of the technical aspects of how cyber crimes are committed, and how technology can be used to track down and build a case against the criminals who commit them. Scene of the Cybercrime, Second Editions provides a roadmap that those on both sides of the table can use to navigate the legal and technical landscape to understand, prevent, detect, and successfully prosecute the criminal behavior that is as much a threat to the online community as "traditional" crime is to the neighborhoods in which we live. Also included is an all new chapter on Worldwide Forensics Acts and Laws. - Companion Web site provides custom tools and scripts, which readers can download for conducting digital, forensic investigations - Special chapters outline how Cybercrime investigations must be reported and investigated by corporate IT staff to meet federal mandates from Sarbanes Oxley, and the Payment Card Industry (PCI) Data Security Standard - Details forensic investigative techniques for the most common operating systems (Windows, Linux and UNIX) as well as cutting edge devices including iPods, Blackberries, and cell phones