Chapter 6: Govt and Court Access to Private Sector Information

Question 1

Third party doctrine

Answer 1

Information turned over to third parties no longer belongs to the owner of the information. (Applies to transactions)

Relates to needing warrants for searches of third parties.

Question 2

RFPA regulates…

Answer 2

Requests for financial information by the federal government.

Question 3

RFPA doesn’t apply to…

Answer 3

State and local gov’t or private institutions

Question 4

RFPA sharing exceptions…

Answer 4

Supervisory agencies (gov’t financial regulators: SEC, FDIC, CFPB, etc.)
De-identified data
Court orders
National security emergencies
SAR’s (suspicious activity reports)

Question 5

How much time does a customer have to object to an RFPA request?

Answer 5

10 days from receiving the request or 14 days from when it was mailed.

Question 6

RFPA enforced by

Answer 6

Private right of action with penalties of $100 per violation.
Punitive damages possible for intentional acts

Question 7

Currency and Foreign Transactions Reporting Act aka

Answer 7

Bank Secrecy Act of 1970

Question 8

BSA is about…

Answer 8

money laundering/transfer of wealth

Question 9

BSA applies to… (9)

Answer 9

Financial Institutions
Precious metals dealers
Jewelers
Pawn brokers
Travel agencies
Telegraph companies
Car dealers
Gambling operations
USPS

Question 10

BSA requires

Answer 10

Keeping records of financial transactions
Monitoring for money laundering
Anti-money laundering program

Question 11

BSA record retention requirement…

Answer 11

5 years

Question 12

Currency Transaction Report (CTR)

Answer 12

Report of any bank activity for a customer over $10,000 per day
Filed within 15 days of

Question 13

Suspicious Activity Report (SAR)

Answer 13

Report on financial activity indicating money laundering or other crimes.

Question 14

Are customers notified about SAR’s?

Answer 14

No

Question 15

Who enforces BSA?

Answer 15

US Treasury Department

Question 16

Katz vs. US

Answer 16

Katz used payphones for gambling. They were illegally tapped by the government.

Question 17

ECPA purposes

Answer 17

Rules for wiretapping

Question 18

Devices covered by ECPA

Answer 18

Pen registers
Trap and Trace

Question 19

ECPA Wiretap Act prohibits

Answer 19

Spying on real-time comms without consent

Question 20

Notable ECPA exception about consent

Answer 20

Communication may be intercepted or recorded with consent of only one party (some states are more strict)

Question 21

ECPA Stored Communications Act

Answer 21

Covers data stored by third parties like files and email

Question 22

ECPA Pen Registers & Trap and Trace

Answer 22

Protects communication metadata

Question 23

ECPA preemption

Answer 23

Does not preempt state laws

Question 24

CALEA

Answer 24

Communications Assistance for Law Enforcement Act

Question 25

CALEA helps law enforcement perform

Answer 25

legal searches

Question 26

CALEA prevents...

Answer 26

Telecommunications carriers from inhibiting lawful searches and designing products and services in a way that impedes law enforcement

Question 27

FISA rules for non-US persons acting as foreign agents in the US

Answer 27

No 4th Amendment protection Surveillance permitted even without probable cause

Question 28

FISA authorization of surveillance methods

Answer 28

Only if pursuing foreign intelligence is significant purpose

Question 29

FISA Courts (FISC)

Answer 29

Special court for FISA intelligence

Question 30

How many FISA Court judges are there?

Answer 30

11 District Court judges

Question 31

FISA warrants expire after...

Answer 31

90, 120, 365 days

Question 32

Authority for Warrantless surveillance. How long and for who?

Answer 32

By the US AG. Up to 1 year for foreign powers with "no substantial likelihood" that surveillance will impact US persons

Question 33

FISA rules for US persons acting as foreign agents (spies)

Answer 33

4th Amendment applies

Question 34

FISA minimization procedure

Answer 34

Collected information is limited to the specific investigation. Other information is not referenced in investigation

Question 35

Roving wiretaps

Answer 35

Applies to any devices used by an individual

Question 36

Patriot Act Lone Wolf provision

Answer 36

Allows FISA warrants for lone individuals involved in international terrorism

Question 37

Patriot Act Business Records Provision

Answer 37

Gov't can demand records from 3rd parties without a subpoena or warrant if targeted at gaining foreign intelligence

Question 38

USA Freedom Act of 2015 Selection Terms

Answer 38

Specific search parameters

Question 39

USA Freedom Act

Answer 39

Tightened up privacy and surveillance from the Patriot Act

Question 40

CISA Act

Answer 40

Provides protection to companies for information sharing Encourages companies to implement cyber defense

Question 41

CISA Cyber threat indicators sharing requirement

Answer 41

Remove PII

Question 42

Protections for companies under CISA Act (3)

Answer 42

Protection from anti-trust and attorney-client privilege Shared information remains proprietary Exempt from FOIA

Question 43

T/F CISA offers companies a form of Safe Harbor

Answer 43

True

Question 44

Zurcher vs. Stanford Daily

Answer 44

Stanford Daily newspaper didn't want to respond to a search warrant and lost in the Supreme Court.

Question 45

PPA: Privacy Protection Act

Answer 45

Protects journalistic privacy Prohibits law enforcement from searching journalistic personnel including their homes and offices

Question 46

Which law requires a "purpose to disseminate to the public?"

Answer 46

PPA

Question 47

What is the impact of a subpeona duces tetum in the PPA?

Answer 47

Forces a journalist to appear in court with their documents

Question 48

PPA exceptions (3)

Answer 48

Investigating a journalist as a suspect Immediate search to prevent death and serious injury To prevent destruction of evidence

Question 49

PPA Private Right of Action

Answer 49

Against law enforcement and gov't personnel

Question 50

eDiscovery

Answer 50

Process of identifying, collecting, and producing electronic records for legal proceedings

Question 51

eDiscovery processing

Answer 51

Records are formatted and cleaned for review

Question 52

eDiscovery Review

Answer 52

Records are reviewed and redacted before sharing

Question 53

When is the best time for a privacy professional to get involved in eDiscovery?

Answer 53

Before a request