Stored Communications Act PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Stored Communications Act PDF full book. Access full book title Stored Communications Act by Thompson. Download full books in PDF and EPUB format.
Author: Thompson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Thompson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Richard M. Thompson (II)
Publisher:
ISBN:
Category : Privacy, Right of
Languages : en
Pages : 16
Get Book Here
Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 112
Get Book Here
Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Computers
Languages : en
Pages : 224
Get Book Here
Book Description
Author: Balser
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: David Horton
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The story has become all too familiar. Someone dies, and her loved ones request the contents of her text, email, or social media accounts. Perhaps they wish to preserve this vibrant electronic slice of the decedent's life. Perhaps they are compelled in their grieving to sift through the minutiae of the decedent's final days. Or perhaps they are merely trying to fulfill their duty as trustee, executor, or administrator to pay the decedent's bills and inventory her property. However, the decedent's Internet Service Provider (“ISP”) -- be it Facebook, Yahoo!, or Microsoft -- refuses to comply. As Naomi Cahn explains in her outstanding contribution to the Vanderbilt Law Review's Symposium on the Role of Federal Law in Private Wealth Transfer, these ISPs are afraid of a byzantine federal statute from 1986: the Stored Communications Act (“SCA”). Section 2701 of the SCA criminalizes unauthorized access to electronic communications: a seemingly nasty glitch for fiduciaries attempting to marshal a decedent's digital assets. Section 2702 bars ISPs from disclosing a customer's private data without her “lawful consent.” Citing the fact that the SCA predates the rise of email -- let alone the phenomenon of a valuable Twitter account -- Professor Cahn argues that the statute should not govern fiduciaries. Alternatively, assuming that the SCA does apply, Professor Cahn discusses various ways around this obstacle, including the Uniform Law Commission's draft Fiduciary Access to Digital Assets Act (“FADA”), which would clarify that fiduciaries generally enjoy the “authorization”' and “lawful consent” necessary to acquire a decedent's online accounts. This short invited reply takes a different route to the same destination. It begins by offering a reading of the SCA that diverges slightly from Professor Cahn's. However, it uses that discussion to echo her critique of the SCA and bolster the case for the FADA.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Computer security
Languages : en
Pages : 72
Get Book Here
Book Description
Author: Mitchol Dunham
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
Get Book Here
Book Description
In 2018, the Supreme Court of the United States had the opportunity to revisit the Stored Communications Act and decide the question of whether the Act could be applied extraterritorially. Instead of answering the question directly, the Court left the question for Congress to decide. Congress took this opportunity and passed the CLOUD Act, legislation that acts more as a temporary fix instead of addressing the real issue: the Stored Communications Act no longer properly accommodates modern technology. This article begins with a reading of the Stored Communications Act, describing the limits of law enforcement's ability to obtain a warrant, including the seemingly arbitrary decisions that Congress made with respect to certain kinds of data. The article then analyzes the issue that Congress addressed through the CLOUD Act and how the paradigm shifted for extraterritorial data before turning to a different example of where the Stored Communications Act falls short: distributed storage technology. The article provides a detailed examination of how this technology works and why it does not fit within the CLOUD Act paradigm. Finally, the article concludes that the Stored Communications Act cannot be fixed through patchwork legislation; instead, the entire Act needs to be reformed to accommodate current and emerging technology. The article recognizes that although there are two diametrically opposed approaches that Congress can take, a privacy-first approach is preferable and better supported both historically and when examining society's utilization of the internet.
Author: Charles Doyle
Publisher: Createspace Independent Pub
ISBN: 9781481063838
Category : Law
Languages : en
Pages : 94
Get Book Here
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. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, Homeland Security, and Investigations
Publisher:
ISBN:
Category : Cloud computing
Languages : en
Pages : 168
Get Book Here
Book Description
