Privacy: an Overview of the Electronic Communications Privacy Act PDF Download
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Author: Charles Doyle
Publisher: Createspace Independent Pub
ISBN: 9781481063838
Category : Law
Languages : en
Pages : 94
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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.
Author: Charles Doyle
Publisher: Createspace Independent Pub
ISBN: 9781481063838
Category : Law
Languages : en
Pages : 94
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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.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Orin S. Kerr
Publisher:
ISBN:
Category : Computer crimes
Languages : en
Pages : 284
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Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1146
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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.
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher: Office of Information & Privacy
ISBN:
Category : Law
Languages : en
Pages : 336
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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.
Author: Gina Marie Stevens
Publisher: DIANE Publishing
ISBN: 1437926975
Category : Law
Languages : en
Pages : 179
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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.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Gina Marie Stevens
Publisher: Nova Publishers
ISBN: 9781590331569
Category : Business & Economics
Languages : en
Pages : 142
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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.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Larry Daniel
Publisher: Elsevier
ISBN: 159749643X
Category : Computers
Languages : en
Pages : 364
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Book Description
Section 1: What is Digital Forensics? Chapter 1. Digital Evidence is Everywhere Chapter 2. Overview of Digital Forensics Chapter 3. Digital Forensics -- The Sub-Disciplines Chapter 4. The Foundations of Digital Forensics -- Best Practices Chapter 5. Overview of Digital Forensics Tools Chapter 6. Digital Forensics at Work in the Legal System Section 2: Experts Chapter 7. Why Do I Need an Expert? Chapter 8. The Difference between Computer Experts and Digital Forensic Experts Chapter 9. Selecting a Digital Forensics Expert Chapter 10. What to Expect from an Expert Chapter 11. Approaches by Different Types of Examiners Chapter 12. Spotting a Problem Expert Chapter 13. Qualifying an Expert in Court Sections 3: Motions and Discovery Chapter 14. Overview of Digital Evidence Discovery Chapter 15. Discovery of Digital Evidence in Criminal Cases Chapter 16. Discovery of Digital Evidence in Civil Cases Chapter 17. Discovery of Computers and Storage Media Chapter 18. Discovery of Video Evidence Ch ...
