Privacy: an Overview of the Electronic Communications Privacy Act

Privacy: an Overview of the Electronic Communications Privacy Act PDF 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.

Privacy: an Overview of the Electronic Communications Privacy Act

Privacy: an Overview of the Electronic Communications Privacy Act PDF 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.

Privacy

Privacy PDF 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.

Overview of the Privacy Act of 1974

Overview of the Privacy Act of 1974 PDF 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.

Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations

Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations PDF Author: Orin S. Kerr
Publisher:
ISBN:
Category : Computer crimes
Languages : en
Pages : 284

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Book Description


Privacy

Privacy PDF 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.

Federal Government Information Technology

Federal Government Information Technology PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 84

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Book Description


Proskauer on Privacy

Proskauer on Privacy PDF Author: Kristen J. Mathews
Publisher:
ISBN: 9781402427497
Category : Computer security
Languages : en
Pages : 1658

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Book Description
This comprehensive reference covers the laws governing every area where data privacy and security is potentially at risk -- including government records, electronic surveillance, the workplace, medical data, financial information, commercial transactions, and online activity, including communications involving children.

Scene of the Cybercrime

Scene of the Cybercrime PDF Author: Debra Littlejohn Shinder
Publisher: Elsevier
ISBN: 0080486991
Category : Computers
Languages : en
Pages : 745

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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

Investigating Internet Crimes

Investigating Internet Crimes PDF Author: Todd G. Shipley
Publisher: Newnes
ISBN: 0124079296
Category : Computers
Languages : en
Pages : 497

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Book Description
Written by experts on the frontlines, Investigating Internet Crimes provides seasoned and new investigators with the background and tools they need to investigate crime occurring in the online world. This invaluable guide provides step-by-step instructions for investigating Internet crimes, including locating, interpreting, understanding, collecting, and documenting online electronic evidence to benefit investigations. Cybercrime is the fastest growing area of crime as more criminals seek to exploit the speed, convenience and anonymity that the Internet provides to commit a diverse range of criminal activities. Today's online crime includes attacks against computer data and systems, identity theft, distribution of child pornography, penetration of online financial services, using social networks to commit crimes, and the deployment of viruses, botnets, and email scams such as phishing. Symantec's 2012 Norton Cybercrime Report stated that the world spent an estimated $110 billion to combat cybercrime, an average of nearly $200 per victim. Law enforcement agencies and corporate security officers around the world with the responsibility for enforcing, investigating and prosecuting cybercrime are overwhelmed, not only by the sheer number of crimes being committed but by a lack of adequate training material. This book provides that fundamental knowledge, including how to properly collect and document online evidence, trace IP addresses, and work undercover. - Provides step-by-step instructions on how to investigate crimes online - Covers how new software tools can assist in online investigations - Discusses how to track down, interpret, and understand online electronic evidence to benefit investigations - Details guidelines for collecting and documenting online evidence that can be presented in court

The Digital Person

The Digital Person PDF Author: Daniel J Solove
Publisher: NYU Press
ISBN: 0814740375
Category : Computers
Languages : en
Pages : 295

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Book Description
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.