Module #12: National Security and Privacy Professional Flashcards
how do the rules differ when the gov’t seeks personal info for national security purposes compared with law enforcement
- Entities can be faced with requests for information under mandates afforded by in the name of national security by:
- FISA,
- the former USA Patriot Act,
- the USA Freedom Act
FISA stands for
Foreign Intelligence Survellience Act
What did FISA approved?
FISA approved order to gather intelligence by
- wiretap
- pen register
- trap and trace
- communication reocrds
FISA Foreign intelligence gathering
– Established during the Cold War to track the activities of Soviet Union agents and its
allied foreign nation-states
– Collected by the president and attorney general
-electronic collect “foreign intelligence”
FISA orders
– Entities that received such an order under FISA could not disclose before, during or
after that they were targets of an investigation
- wiretaps
- pen register/trap and trace
- video survelliance
- national security letters
NSL (national security letters)
Subpoenas were used narrowly and only for:
- certain financial and communication records of an agent of a foreign power and on
- the approval of FBI headquarters
USA Patriot Act stands for
U niting and S trengthening A merica by P roviding A ppropriate T ools R equired to I ntercept and O bstruct T errorism Act
USA Patriot act when established when?
After Sept 11 2001 terrorist attack.
led to several changes to FISA to address growing threats by terrorist groups.
USA Patriot Act changed:
Wiretaps
used more often and with more flexibility
USA Patriot Act changed:
Pen registers/trap and trace
expanded to include:
- dialing
- routing
- addressing or signaling
info to or from a device
USA Patriot Act
National Security Letters
any organization can be subject to a request for records without judicial involvement
Section 215 of USA Patriot act
- federal court order can require production of any tangible thing* for defined foreign intelligence and antiterrorism investigations
- entities of orders were forbidden to disclose that an order had been recieved except to necessary personnel or an attorney
tangible things include
- books
- records
- papers
- documents, etc
FISA flexible legal limits led to
- major legal
- public relations
- civil liberties issues
Major media outlets published stories of large amounts of wiretaps and stored communications records without judicial authorization. Telephone companies disclosed that they had provided a substantial number of records to the government, and orders for National Security letters were significantly higher than had been reported.
FISA 2008 Amendment disclosures
-Provided legal authorization to new surveillance practices
-required more reporting to
Congress
-granted immunity to telephone companies for records provided to the government in the wake of 9/11.
FISA Section 702
–amendment applies to electronic communications between two non-U.S.
persons.
–The content is often stored within the United States due to the growing use of U.S.-
based providers for webmail, social networks and other services.
- states that when targeting the communication of any person, the government must have foreign intelligence purpose to conduct the collection of information
-reasonable belief that the person is a non-U.S. citizen located outside of the United States.
–In June 2013, Edward Snowden released thousands of classified documents to the media.
–documents detailed government programs that were collecting large amounts of informationon citizens and non-citizens.
-While his actions were met with widespread controversy, they
reopened the discussion about national security and information privacy.
The US government makes request for personal info in the name of national security but providing info can lead to legal, public relations and civil liberties issues. From a privacy professional standpoint, how was the collection and storage of PI impacted by the Snowden revelations?
Snowden’s revelations led to reforms enacted via the USA FREEDOM Act
What does USA Freedom Act stand for?
U niting and S trengthening A merica by F ulfilling R ights and E nsuring E ffective D iscipline O ver M onitoring Act
USA Freedom Act Details
- 2015
- set new rules for national security investigations.
-Because U.S. privacy laws have varying scope and differing definitions for
-national security exceptions,
-privacy and IT professionals and attorneys who provide access to
records must do research to determine what national security disclosures are permitted
-for what sorts of records,
-to which agencies.
3 Pieces of the USA Freedom Act
- Prohibitions
- Transparency
- Revisions
USA Freedom Act
Prohibitions
Prohibits use of pen register/trap and trace order for bulk collection under the
Section 215 program. Requests must be based on specific selectors.
USA Freedom Act
Transparency
Government issues yearly transparency reports of FISA orders and National Security Letters.
USA Freedom Act
Revisions
Targeted warrants from the FISA Court are needed in order to collect phone metadata from telecommunications companies.
CISA Stands for?
What does it do?
2 entities work together?
-Cybersecurity Information Sharing Act of 2015
-It encourages the sharing of information between the
government and participating companies.
–Cyberattacks
–threats
-successful defenses.
