...FEDERAL COMMUNICATIONS COMMISSION By: Alaina Williams Communication has been an essential component of everyday procedures for decades. In the early 1800’s, the inventions of the telegraph and telephone were the only means of connecting to outside sources. With years of research came complex theories, advanced technologies, and additional methods of communication. What started out as a flawed system used by few resulted in a global network used by millions. With a network of such immensity, regulation was not only necessary but also inevitable. The Federal Communications Commission (FCC) was established specifically for this purpose. To successfully regulate a large structure, such as the communications networks, requires a great deal of authority. Although the FCC has obtained numerous achievements, like any regulation committee, there are several critics. ------------------------------------------------- The History In the early 1900’s, the Federal Radio Commission (FRC) regulated the entire radio industry of the United States. Unfortunately, the regulation tactics imposed by this committee caused too many debates for the government to simply overlook. In 1934, Congress passed the Communications Act that abolished the FRC, delegating the duties over to the newly formed Federal Communications Commission (FCC). It was designed as an independent government agency with Congress providing its authority. Unlike the FRC, the FCC was authorized jurisdiction...
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...Chapter 22 COMPUTER CRIME: PORNOGRAPHY, FRAUD, HACKING AND GAMBLING CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. ...
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...BIS/220 July 11, 2012 Alisha Johnson Abstract Policing Information Technology Over the past 30 years technology has advanced at an alarming rate. Since the inception of personal computers and the World Wide Web a need for individual protection occurred. Government reform was needed. In the 1980s two Acts of Congress were passed, the Computer Fraud and Abuse Act of 1986 and the Electronic Communications Privacy Act of 1986. Initially we will examine the advances in technology that caused each Act to be passed. Last we will determine what new ethical issues came about from this new technology. Although some may see these Acts as an invasion of one’s right to privacy, they are essential to protect stored information from being used in a negative way. “A survey by an ABA task force in 1984 estimated that businesses and government agencies lose as much as $730 million a year to computer crime” (Wolf, 1986). Two years after this survey was published the U.S. House of Representatives passed the Computer Fraud and Abuse Act of 1986. During this time computers are becoming widely used across the country. The major change is the type of information being stored. Financial institutions both in the private and government sectors are using computers to store valuable financial information. Computer hackers illegally could gain access to this information and sell it to individuals with the means to use it or vandalize the company’s system by inserting a virus. Basically a modern...
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...illegally into computer systems? Under the Computer Fraud and Abuse Act of 1986, persons who knowingly access and obtains information contained in a financial record of a financial institution , or of a card user …or contained in a file of a consumer reporting agency on a consumer, (b) information from any department or treasury agency of the U.S. (c) information from any protected computer if the conduct involved an interstate or foreign communication, commits a crime that is punishable by up to 20 years in prison. It also prohibits using data wrongfully obtained to perpetrate fraud or for other illegal purposes. 2. Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name & Identity: Identity Theft and Assumption Deterrence Act of 1998. A hacker who gains access to credit card numbers and misuses them would be violating the act. Knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitute a felony under any applicable state or local law, shall be punished-up to 20 years in imprisonment. Communications: Electronic Communications Privacy Act (ECPA) makes unauthorized interception and disclosure of wire, oral, and electronic communications illegal...
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...Information Technology Acts University of Phoenix Gustavo Perez Bis 220 April 14 2014 Jorge L. Berrios Trinidad Information Technology Acts Stop Online Piracy Act (SOPA) After the creation of Napster, the music p2p sharing system that is computer to computer. We started to see a rise or increase in what is now known by online piracy. Then people shared their music without knowing the legal consequences which incurred. Thanks to the creation of the MP3 music format, made it extremely easy to share on the internet entire music collection. Because of this group Metallica rock music and the record companies filed lawsuits against the Napster service. Then emerged others based on napster to share not only music systems, but also computer programs, movies, etc. In 2011 the House of Representatives of the Congress of the United States, proposed the Stop Piracy Act or SOPA, which pretended to attack online piracy by extending existing laws against trafficking of copyrighted content and counterfeit goods through the internet. The penalty for a person to forward copyright material ten (10) or more times in a period of six (6) months would expose a sentence of up to 5 years in jail. One of the ethical issues, was referring to the freedom of people in the internet. As mentioned earlier the creation of digital formats that allow people to share their music libraries and other files over the Internet, creating the torrent format...
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...E-Mail and Internet Policy The integrity of a business relies on communication, both using internal and external communications. E-mails and the internet are two ways that businesses communicate with shareholders, employees and their customers. In today’s global market, the use of computer guidelines and policies have been implemented to ensure that all employees adhere to those policies. Communication via the internet and use of emails should be carefully considered when using it. This essay will discuss why e-mail and internet policies have been put in place. *1Congress passed the Privacy Act of 1974, as amended, (Privacy Act) to safeguard records of information pertaining to individuals that Federal agencies or components own and maintain. The Department of Defense (DoD) policy regarding e-mail and internet use is very strict. All employees who are employed by the DoD are given a Common Access Card (CAC). The CAC is inserted into the computer and requires that you enter a password. At no time should you leave your CAC in the computer when an individual leaves his or her computer. Ashmore ( 2009), " Many federal laws affect employer regulation of email and internet uses, such as the Federal Wiretap Act; the Electronic Communications Privacy Act; and the Stored Communications Act. In addition, state privacy laws and court decisions must be considered in preparing computer-use policies.” ( Regulating Employee Email, para. 1). The laws regulating...
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...discuss the Privacy Act of 1974, the Information Privacy Law, Electronic Communications Privacy Act, and other laws and provisions designed to protect an individual’s privacy. In this essay I will also discuss the importance on trust and integrity in the work environment. As communication technology expands, and the possibility of accessing that technology has grow increasingly less challenging to gain, it has become more difficult to protect personal information and the use of an individual’s personal information. Whether this information is used for business, consensus, personal, educational, or even fraudulent reasons, the Individual’s right to control his or her personal information held by others has grown into an enormous concern for most people over the age of eighteen. Additionally, considering the average age for acceptance to most internet social forums and email accounts is thirteen years old, the concern for personal information security can begin even before puberty. In this essay I will also discuss how Legislation and Law makers are have and are continuing to attempt to protect information privacy as new technologies and new institutional procedures arise. This essay will talk about but not go into great detail about how the information privacy is covered in the American Constitution, the provisions for this law, and the conditions of disclosure for this law. Because the Privacy act of 1974 does not cover in great depth email and communications traffic, I will also...
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...First off, a security plan for the collected data must be established. No person shall tamper with the data that has been held for evidence and must remain in its original state as when it was collected, as tampered evidence may be thrown out in court. This data must be preserved even after criminal prosecution has been established, as this data may prove useful in future cases. The evidence should be stored on both compact disk and storage drive in case one device of storage was to fail. Digital folders within the storage drive must be well labeled and organized accordingly, as well as folders and file cabinets that contain data CDs. Second, the evidence that has been collected must be identified to the perpetrators as evidence. Just as police are obligated by law to explain to a criminal what his/her charges are when arrested, investigators are obligated to explain exactly what evidence can and/or will be used against the perpetrators in the court of law during an interrogation. Each piece of evidence must be expressed to the person that the evidence was obtained from in a manner in which he/she can understand. This will ensure that the investigators and the perpetrators are on the same level, and the court will not think that the investigators are trying an unfair advantage. This will also allow anything that the perpetrator says to be used against him/her in the court of law. Third, a sequence of events during the investigation must be logged in order...
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...time, in order to demonstrate their alleged intellectual superiority, a number of teenagers broke into computer systems that guarded records of schools, government generally, and the military. What are the current potential criminal risks associated with hacking illegally into computer systems? For starters, all of the information that is compromised could be sold and used for illegal purposes such as identity theft. Also, if hackers were to hack into the computer systems that control our infrastructure they could possibly turn off or damage our power grids or if they were to hack into the systems that control air traffic control, they could crash airplanes and disrupt travel for millions of people. On a larger scale if hackers were to hack into nuclear power plants they could possibly cause a nuclear meltdown. (GORMAN, 2009) Question 4: Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name and identity = “Identity Theft and Assumption Deterrence Act of 1998” (Baumer, 2011). This statute protects individuals from having their identity stolen and used to commit a crime or make purchases in that person’s name that were not initiated by that person. Communications = “Electronic Communications Privacy Act of 1986” (Baumer, 2011). This statute was initially created to protect individuals from having the companies...
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...owned through the service. Advantages of public access to this information would be the ability of a bank or collector to be able to track down a person who owes a debt, or for someone to be able to collect on a legal judgment. Disadvantages would be the loss of privacy of the person who is being investigated and the liability of the user to ensure that the information did not fall into the wrong hands. Spyware is unwanted and unnecessary software that is installed without the user’s knowledge which allows for a remote user to gain access to personal files, hardware, and data on the host computer. This is extremely illegal and invasive as the persons privacy is invaded without their knowledge. Spyware can come in four forms, tracking cookies, adware, Trojans, and system monitors. Unlawful access to a computer is illegal under computer crime laws such as the U.S. Computer Fraud and Abuse act of 1984. This is clearly and effectively displayed in Robbins V. Lower Merion School District, where plaintiffs were charged in using spyware to access web cameras of students in their bedrooms. There are no advantages to access to the information retrieved through this means for the end user, however the person retrieving the information can recover banking information and a...
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...The Children’s Internet Protection Act (CIPA) is a federal law which was passed by Congress to allocate the offensive content over the Internet. The Children's Internet Protection Act (CIPA) requires that K-12 schools and libraries in the United States use Internet filters and implement other measures to protect children from harmful online content as a condition for the receipt of certain federal funding. It was signed into law on December 21, 2000 and was found to be constitutional by the United States Supreme Court on June 23, 2003. CIPA obligates the schools and all public libraries to require filters on their computers to stop minors from accessing sites that are not appropriate. (Federal Communications Commission, n.d.) The (CIPA) was passed in December 2000. The main purpose of the CIPA is for the protection of children from obscene, child pornography and other dangers of the internet. CIPA does not precisely state what kind of filtering systems to use. This is the third law that Congress has passed to allocate concerns about the children’s access to the inappropriate Internet sites and it is the only one “that the U.S. Supreme Court found constitutionally defensible.” (Minnesota House of Representatives House Research, 2004) Our kids face online predators and other inappropriate things in chat rooms, online games, pictures of teens drinking, drugs, sexual messages, and even false information about them written online before they are eighteen. (Covenant Eyes, 2012)...
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...employees in the company and add additional responsibilities on the CISO and his/her staff. Other laws that affect privacy in the workplace are listed below. Americans with Disabilities Act (ADA) - Primer for business. Children's Internet Protection Act of 2001 (CIPA) Children's Online Privacy Protection Act of 1998 (COPPA) Communications Assistance for Law Enforcement Act of 1994 (CALEA) - Official CALEA website. Computer Fraud and Abuse Act of 1986 (CFAA) law summary. Full text at Cornell Computer Security Act of 1987 - (Superseded by the Federal Information Security Management Act (FISMA) Consumer Credit Reporting Reform Act of 1996 (CCRRA) - Modifies the Fair Credit Reporting Act (FCRA). Electronic Funds Transfer Act (EFTA) Summary Fair and Accurate Credit Transactions Act (FACTA) of 2003 Fair Credit Reporting Act (Full Text). Federal Information Security Management Act (FISMA) Federal Trade Commission Act (FTCA) Driver's Privacy Protection Act of 1994 . Text of law at Cornell Electronic Communications Privacy Act of 1986 (ECPA) Electronic Freedom of Information Act of 1996 (E-FOIA) Discussion as it related to the Freedom of Information Act. Fair Credit Reporting Act of 1999 (FCRA) Family Education Rights and Privacy Act of 1974 (FERPA; also know as the Buckley Amendment) Privacy Act of 1974 - including U.S. Department of Justice...
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...Electronic Privacy Electronic communications in the workplace is as common as type writers once were in an office. Technology has changed allowing people to work smarter and give us the ability to communicate across time zones and even globally with ease. An article on emarketer.com reported on the results of a survey conducted by Vault.com. According to the survey, 25% of employees use the Internet for personal use during office hours for at least 10 minutes each day. Thirteen percent of workers use the Internet for at least two hours per day. According to the survey cited above, “... 35% of employers think personal web time should be limited to 30 minutes per day” (McKay). The expectation of privacy by an employee during the time he or she uses the Internet at work remains in question. Currently a standard for electronic communications at my current employer are not in writing or is it part of new employee orientation. Computer use varies by employees. Internet connection is made by telephone versus DSL or cable connection. Computers are turned off at the end of the day. E-mail accounts need to be accessible by all three location general managers as well as by the president of the company. This way if an employee is on vacation e-mails do not have to be forwarded and can be answered or addressed by one of the other general managers. So all though it is not part of the new employee orientation it is obvious that there is no expectation of privacy in the workplace. In the Information...
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...equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your consent or your awareness. The only time an employee should have privacy at work is when they are changing their clothes or using the bathroom. Surveillance should not be allowed when you are in a place where you will expose any of your body parts. Employees can retain privacy communication by using their own equipment, on their own time. Although employees’ workplace privacy rights laws...
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...Where can an employee reasonably expect to have privacy? Employee’s expect to have a reasonable amount privacy in the work place at least in their own work space but today that may not be all possible due to electronic Surveillance . Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more closely than ever before. Still employees expect to have privacy at the lunch area, bathrooms and lockers. Besides those places the employee has little or almost no privacy within the company. Electronic monitoring allows an employer to observe what employees do on the job and review employee communications, including e-mail and Internet activity, often capturing and reviewing communications that employees consider private. Video monitoring is common in many work environments to maintains security, by monitoring employees and to deter theft. There are laws set in place to also protect the privacy tof employee’s personnel records, including personal data, medical information and health status, social security numbers, background screenings information, financial and everything else that could invade a persons privacy. Is Herman's need to know whether his salespersons are honest a sufficient ground for utilizing electronic surveillance? The answer probably depends on whether there are alternative methods of ascertaining the honesty of salespersons that are less invasive of the employees' privacy...
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