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34 Cards in this Set
- Front
- Back
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What are the 3 parts of the ECPA?
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1. Wiretap Act
2. Stored Communications Act 3. Pen Register Act |
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What does the Wiretap Act cover?
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Communications during transmission
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What does the Stored Communications Act cover?
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1. Data that is stored
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What does the Pen Register Act cover?
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Wire (Aural) – Human voice is transferred some point during transmission
Oral Electronic |
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Who can make requests under the Freedom of Information Act?
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Everyone
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US v Miller
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Holding: fourth amendment does not apply; defendant did not have reasonable expectation of privacy in bank records
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What are the 3 types of classified documents?
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Confidential
Secret Top secret |
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What are the reasons for classification?
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Military plans, weapons, systems, or operations
Foreign government information Intelligence activities, sources, and methods (highly secretive) Foreign relations or activities of US including confidential sources Scientific, technological, or economic matters related to national security, includes defense against transnational terrorism Us gov’t programs for safeguarding nuclear materials or facilities Vulnerabilities of infrastructure WMD’s |
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McVeigh v Cohen
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Investigation of navy service-member revealed sexual orientation; basis for discharge
ISP records obtained fraudulently Navy’s investigation unauthorized & likely illegal under ECPA AOL violated ECPA |
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Exceptions to Wiretap Act
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Consent – don’t trust anyone
Service provider - May intercept, disclose, or use communications in normal course of business |
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National security letters, authorized investigations for ___________
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hostile foreign intelligence activity
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What does Communications Assistance for Law Enforcement Act of 1994 (CALEA) apply to?
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Requires TeleCom providers to cooperate with the government when needed
Telecom providers must protect the privacy and security of communications and call-identifying information not authorized to be intercepted CALEA does not apply to information services, such as email and internet |
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US v Scarfo
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FBI installed key logging device on computer to get password and access to files
No interception of communication in transit b/c did not record keystrokes while defendant modem was operating No suppression/exclusion for electronic communications under wiretap act of ECPA |
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When do you need to comply with an Administrative Subpoena?
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Legitimate purpose for investigation, inquiry is relevant to purpose
Information not already in agency’s possession |
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What is the subpoena used in criminal cases?
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Grand Jury subpoenas
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Exceptions to the Freedom of Information Act in regards to privacy
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Personnel & medical files
Active investigation law enforcement files |
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Why no fourth amendment for isp records
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No protection of basic user information
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Can a voluntary search by private citizens violate the 4th amendment?
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No
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Privacy Protection Act if illegal files given different names
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US v Lacy – generic warrant description OK due to precision difficulties
Feasibility issue: “sufficient chance of finding some needles in computer haystack” Us v Campos – disorganization & deceptive file names are concealment tactics Requires search of all stored data to determine if included in warrant Lab environment, time & specialist required for complete analysis |
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Can subpoenas compel incriminating evidence
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Yes
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Stored Communications Act - What is the threshold?
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Threshold – 180 day storage
Under only allowable based on warrant with probable cause Over – prior notice to subscriber and subpoena |
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Do courts like aliases?
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No
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What is aural?
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of or pertaining to the ear or to the sense of hearing, (voice)
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When is video surveillance covered under ECPA?
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ECPA does not apply if silent and real time
If audio with it applies to ECPA If video stored than applies to ECPA |
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US v Isa, how did it interplay with FISA?
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Rule: information properly obtained under FISA procedures may be used in a criminal prosecution
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DOJ v Reporters committee for freedom of the press
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Reporters wanted the criminal “rap sheet” of Medico
Ruling: request for law enforcement records about private citizen does invade citizen’s privacy, and not aimed at official information, invasion unwarranted |
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US v Sokolow
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Court found that individual’s fitting the requirements of DEA drug courier profile can constitute reasonable suspicion
Analysis was that, while any one aspect would not necessarily prove criminal conduct, taken together they add up to reasonable suspicion |
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Factor when more than one person shares a computer and permission given to search
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Apparent Authority
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When are generic warrants acceptable for computer search?
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precision difficulties
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Under ecpa, which circumstances are not an exclusionary rule?
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Electronic Communication
"Stored" Communications of any kind Trap/Trace & Pen Register |
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What is Foreign Intelligence Surveillance Act of 1978 (FISA)?
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designed for intelligence agencies to gather information on foreign powers and their agents (terrorists)
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What is the Privilege where us can withhold information on national security grounds?
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State Secrets Privilege
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Why would a motion to quash be used?
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subpoena was not lawfully issued
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What does the USA PATRIOT act section 215 allow?
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authorized investigations of international terrorism or clandestine intelligence activities
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