Law & Ethics Flashcards
(50 cards)
Describe the 4th Amendment
The Fourth Amendment was added to the U.S. constitution in order to protect the rights of United States Citizens from being violated by a member of the U.S. Government with respect to their privacy and property.
Define the term “Search”
A Search is the examining of something or somebody in order to discover content of any concealed item.
Be able to discuss Katz v. United States (Part 1 & 2)
- The first part of the Katz test asks if the individual believes they had a reasonable expectation of privacy.
- The second part of the Katz test looks at the individual’s subjective belief that they have an expectation of privacy and determines if society thinks this person’s expectation is something that they would believe as well.
How we determine whether or not the reasonable expectation of privacy has been violated or not is by looking at two questions commonly referred to as the Katz test as a result of Katz v. United States
1) Does the individual’s conduct reflect that he or she believes he or she has an actual, or subjective, expectation of privacy?
2) Is the individual’s subjective expectation of privacy “one that society is prepared to recognize as [objectively] ‘reasonable?
Describe 3rd Party Doctrine.
The third party doctrine is a series of Supreme Court decisions that say individuals can lose Fourth Amendment protections when those individuals relinquish control of that information to third parties
This is how employees are notified that their employer has retained rights to access or inspect information
(Written employment policies and computer log on “banners” are particularly important in cases that consider whether government employees enjoy a reasonable expectation of privacy in government computers.)
Consent banners or Notification of Monitoring
Policies should be good as written, communicated or enforced because …
If the policy is written too narrowly, it may not completely waive the government employee’s reasonable expectation of privacy against the search that the government plans to execute.
Do members of the Military have an expectation of Privacy on AF Networks? Why?
Monitoring use of a computer network does not violate the law after users view an appropriate network banner informing them that use of the network constitutes consent to monitoring.
Consent could be either _____ or implied
consent may be either explicit or implied
Explicit consent can be _____ or verbal
Written
What is the Wiretap Act?
Wiretap is also referred to as Title III
The statute prohibits using an electronic, mechanical, or other device to intercept private wire, oral, or electronic communications between the parties unless one of several statutory exceptions applies.
List the 7 exceptions to the Wiretap Act
1) Interception pursuant to a § 2518 court order (warrant);
2) The ‘provider’ exception
3) The ‘consent’ exceptions
4) The ‘computer trespasser’ exception,
5) The ‘extension telephone’ exception,
6) The ‘inadvertently obtained criminal evidence’ exception
7) The ‘accessible to the public’ exception,
The Pen/Trap Statute states
it is unlawful for anyone to install or use a pen register or a trap and trace device without first obtaining a court order.
Describe the difference(s) between ECS (Electronic Communication Service) & RCS(Remote Computing Service)
ECS is any wire, radio, electromagnetic, photo optical or photo electronic facilities used for the transmission of wired or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.
An RCS is similar to and ECS, with the exception that it provides its services to the public.
List the 12 Exceptions to the “No Disclosure without Consent” Rule in the Privacy Act.
- “Need to know” within agency
- Required FOIA disclosure
- Routine uses
- Disclosure to Census Bureau
- Statistical Research
- National Archives
- Law enforcement request
- Emergency Circumstances
- Congress
- General Accountability Office
- Court Order
- Debt Collection Act
Briefly describe Health Insurance Portability and Accountability Act (HIPAA)
Except for purposes of treatment, payment, healthcare operations and other exceptions; other uses and disclosures of protected health information are generally prohibited without the written authorization of the patient.
Disclosure of Psychotherapy notes are authorized in these cases
- When required by law or Government regulation;
- For public health purposes;
- About victims of abuse or neglect;
- For health oversight activities authorized by law;
- For judicial or administrative proceedings;
- For law enforcement purposes;
- Concerning decedents in limited circumstances;
- For cadaveric organ, eye, or tissue donation purposes;
- For research involving minimal risk;
- To avert a serious threat to health or safety;
- For specialized Government functions, including certain activities relating to Armed Forces personnel; and
- For workers’ compensation programs
Copyright
Copyright protects the expression of an idea (books, movies, music, etc.)
Trademark
Trademark protects marks used by a business to distinguish themselves from competitors in the eyes of consumers. A trademark can be a name, logo, sound, etc. The Nike Swoosh
Patent
A patent protects useful inventions and processes.
Trade Secret
Trade Secrets are rarely used. It is used as an alternative to a patent and protects inventions/secret formulas/etc.
Digital Millennium Copyright Act (DMCA)
The purpose of copyright law is to protect the owner of an owner of the intellectual property from copyright infringement.
Four Safe Harbors of the DMCA
- Transitory digital network communications
- System caching
- Information residing on systems or networks at the direction of users
- Information location tools
____ _____ results when somebody knows of the direct infringement of another and substantially participates in that infringement, such as inducing, causing, or materially contributing to the infringing conduct.
Contributory Infringement
