Privacy: an Overview of the Electronic Communications Privacy Act
Title | Privacy: an Overview of the Electronic Communications Privacy Act PDF eBook |
Author | Charles Doyle |
Publisher | Createspace Independent Pub |
Total Pages | 94 |
Release | 2012-11-21 |
Genre | Law |
ISBN | 9781481063838 |
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.
Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations
Title | Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations PDF eBook |
Author | Orin S. Kerr |
Publisher | |
Total Pages | 284 |
Release | 2001 |
Genre | Computer crimes |
ISBN |
Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
Title | Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping PDF eBook |
Author | Gina Marie Stevens |
Publisher | Lulu.com |
Total Pages | 181 |
Release | 2011-04-15 |
Genre | Law |
ISBN | 1257501682 |
This is an outline of two federal statutes: the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). Both have evolved out of the shadow of the Supreme Court's Fourth Amendment jurisprudence. The courts play an essential role in both. Congress crafted both to preserve the ability of government officials to secure information critical to the nation's well-being and to ensure individual privacy. It modeled parts of FISA after features in ECPA. There are differences, however. ECPA protects individual privacy from the intrusions of the activities of foreign powers and their agents, whether those activities are criminal or not. ECPA's only concern is crime.
Privacy
Title | Privacy PDF eBook |
Author | Gina Marie Stevens |
Publisher | DIANE Publishing |
Total Pages | 179 |
Release | 2010-11 |
Genre | Law |
ISBN | 1437926975 |
An overview of fed. law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a biblio. of legal commentary as well as the text of the Electronic Commun. Privacy Act (ECPA) and the Foreign Intell. Surveillance Act. The gov¿t. has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, install and use pen registers and trap and trace devices for law enforcement purposes under the ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act. This report includes a brief summary of the expired Protect America Act, and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.
The Electronic Communications Privacy Act
Title | The Electronic Communications Privacy Act PDF eBook |
Author | United States. Congress. Senate. Committee on the Judiciary |
Publisher | |
Total Pages | 224 |
Release | 2011 |
Genre | Computers |
ISBN |
Overview of the Privacy Act of 1974
Title | Overview of the Privacy Act of 1974 PDF eBook |
Author | United States. Department of Justice. Privacy and Civil Liberties Office |
Publisher | |
Total Pages | 276 |
Release | 2010 |
Genre | Government publications |
ISBN |
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
United States Code
Title | United States Code PDF eBook |
Author | United States |
Publisher | |
Total Pages | 1508 |
Release | 1952 |
Genre | Law |
ISBN |