Module 11 Flashcards
(17 cards)
Fourth Amendment to the United States Constitution
provides a ban against unreasonable searches and seizures by the government. Search warrants must show probable cause that a crime has been, is, or is likely, to be committed by specific testimony. It further requires specifics about the place to be searched.
Right to Financial Privacy Act of 1978 (or RFPA)
No Government authority may have access to, or obtain copies of, the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described
the Right to Financial Privacy Act of 1978 (or RFPA) meet at least one of the following conditions:
Appropriate formal written request from an authorized government authority
Appropriate administrative subpoena or summons
Qualified search warrant
Customer authorization
Or appropriate judicial subpoena
Bank Secrecy Act of 1970 (or BSA)
The U.S. treasury secretary has the authority to impose record-keeping and reporting requirements on financial institutions, applies not only to banks, but also to securities brokers and dealers, money services businesses, and even casinos and card clubs.
Bank Secrecy Act of 1970 (or BSA) provisions
Specifically, financial institutions must keep and retain records on certain financial transactions and file Suspicious Activity Reports (SARs) to alert government agencies when they suspect or detect that a transaction may be a possible crime. Violations of these regulations are subject to fines and even imprisonment.
BSA Record retention requirements
Financial institutions are required to retain records for:
• Currency transactions > $10K
• Transportation of monetary instruments
• Purchases of currency-like instruments > $3K
The Electronic Communications Privacy Act of 1986, ECPA
extends the ban on interception to include “electronic communications.” This includes email and other communications that are not wire or oral communications, and pen registers. Although there are exceptions to these provisions, violation of the ECPA is a criminal offense. The California Electronic Communications Privacy Act or CalECPA serves as a model for other states for updating privacy law in a digital landscape.
Pen Registers
Traditionally, a pen register recorded the telephone numbers of outgoing calls
ECPA: Provides for pen register orders from a judge under the lenient legal standard of “relevant
to an ongoing investigation”
The Stored Communications Act, SCA
was enacted as part of the ECPA in 1986. It addresses interception of electronic communications in facilities where electronic communication service is provided.
The Privacy Protection Act of 1980
was drafted in response to police physical searches of traditional newspaper facilities. It provides an extra layer of protection for members of the media and media organizations from government searches or seizures in the course of a criminal investigation.
The Communications Assistance to Law Enforcement Act of 1994 (or CALEA)
is sometimes referred to as the “Digital Telephony Bill.” CALEA lays out the duties of defined actors in the telecommunications industry to cooperate in the interception of communications for law enforcement and other needs relating to the security and safety of the public.
Which amendment to the United States Constitution articulates many of the fundamental concepts used by privacy professionals in the U.S.?
Fourth Amendment
What are the two parts of the “expectation of privacy test”?
A person has exhibited an actual expectation of privacy
The expectation be one that society is prepared to recognize as “reasonable”
Under the Bank Secrecy Act (BSA), who has the authority to impose record-keeping and reporting requirements on financial institutions?
U.S. Secretary of the Treasury.
When a customer calls in to a company’s service support line and hears a recorded message that the call may be recorded for quality purposes, this qualifies as a legal exception to which act prohibiting the wiretapping of telephone calls?
Omnibus Crime Control and Safe Streets Act
What is a pen register?
A device that records the telephone numbers of all outgoing calls
Which act was passed as part of the ECPA to address interception of electronic communications in facilities where electronic communication service is provided?
Stored Communications Act (SCA).
