Educational Rights And Privacy Act (Ferpa)

Educational Rights And Privacy Act (Ferpa)
FERPA, also known as the Buckley Amendment, is the Family Educational Rights and Privacy Act.
Originally passed by Congress in 1974, this Act prohibits the improper disclosure of any personally
identifiable information pertaining to education records. These records may include financial
account details, class schedules, grades, or any personal information. FERPA grants the parents of a
student under the age of 18, or the eligible student over the age of 18, or those who are attending a
post–secondary school, the right to access, amend, or disclose education records. For a school to
disclose any information pertaining to a student's education record, the eligible student must provide
written consent. However, there are some exceptions to this
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Family Educational Rights And Privacy Act
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy
of student education records. The impact on a school leader for not following this federal law could
be detrimental to a student and to the leader. Consequently, you could place your student's
information in jeopardy for a person to gain unauthorized access to student's information to use for
their advance. It's the leader's obligation is to make sure all staff member in their building are
educated on safeguarding student's information. For example, if you a teacher send an email about a
student, the email should not contain the student identification number. If the student's identification
is included in the email this could put the student's information at risk. Then the responsibility for
the mistake could fall back on the leader to resolve the teacher error. ... Show more content on
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This law affords parents of elementary and secondary students certain rights regarding the conduct
of surveys, collection and use of information for marketing purposes, and certain physical exams.
Once again the leader has a large responsible to monitor this law. Their

Educational Privacy Act
The Educational Privacy Act is an aspect of education law that protects students from having their
records released without their knowledge or consent. It applies to students who attend any
educational institution that receives federal funding from the government. The Educational Privacy
Act is also known as the Family Education Rights and Privacy Act (FERPA); it is sometimes
referred to as the Buckley Amendment. Whatever you choose to call it, it's an important piece of
education law that safeguards a student's right to privacy. Under the Educational Privacy Act, a
student's school records cannot be released on demand; the student must legally provide their
consent prior to having their records shared with outside parties. If a school violates

Examination of the Privacy Act of 1974 and Its Effect on...
HRM 630 – Week Four Assignment – "Examination of the Privacy Act of 1974 and its Effect on
Federal Employment"
Brian Brillo
National University – HRM 630: Legal, Ethical and Safety Issues in Human
Resource Management
July 29, 2010
Abstract
This paper is an examination of the Privacy Act of 1974, which includes research of the history,
relevancy, strengths, weaknesses, and current trends of the process, and examples of current
challenges with the Privacy Act within Federal employment. This paper is influenced by the theories
and readings for Week Four of the Legal, Ethical and Safety Issues in Human Resource
Management (HRM 630) Course.
The comparisons set forth within this paper will include theories found in ... Show more content on
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While the Federal Government enacted the Privacy Act in order to create these twelve conditions for
the Agency to follow, it also enacted consequences for violations of the Act. In an article entitled
Can an Agency be Punished for Improperly Contacting a Physician?, Cyberfeds Legal Editor
Rebecca E. Lawrence, Esq. expresses that "it is a violation of the claimant's privacy rights to contact
his physician without first attempting to obtain the desired information from the claimant. Only if
the claimant fails to cooperate with the agency can the agency go directly to the physician".
(Lawrence, 2010). As such, the rule of engagement for an Agency seeking medical documentation is
the first go through the employee themselves to provide the requested medical documentation, and
should such failure to cooperate be evident, then the Agency can request the documentation directly.
Ms. Lawrence also discusses the consequences for a Privacy Act violation as she states that
monetary awards: "will either be for the actual money the claimant lost because of the agency's
violation or $1,000 per violation, whichever is greater". (Lawrence, 2010). However, it should be
noted that while a monetary consequence for a Privacy Act violation may be the recourse for dealing
with

Family Educational Rights And Privacy Act (FERPA)
Annotated Bibliography List
Family Educational Rights and Privacy Act (FERPA). (2015, June 26). Retrieved November 21,
2016, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
The Family Educational Rights and Privacy Act, known as FERPA, is a law that was made to protect
students' personal information and educational records. This law affects secondary teachers by
holding us liable and responsible for student records and requires us to protect them and keep them
private. It is not permissible for teachers to share this information with anyone other than parents or
eligible students (when they become of legal age). The students are affected by this law as well
because they are not allowed to request transcripts or anything from ... Show more content on
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(2006, April 5). Retrieved November 21, 2016, from
http://www.centerforpubliceducation.org/Main–Menu/Public–education/The–law–and–its–influen
e–on–public–school–districts–An–overview/Religion–and–Public–Schools.html.
There has been a lot of controversy about religion in public schools. The constitution states these
"religion clauses" in a very vague and unclear way so it leaves it up in the air for interpretation.
Teachers are allowed to teach religion, but cannot show religion – the laws seem to contradict each
other so right now, it is sort of up in the air as to what is legal and what is not.
As a teacher, I try to stay neutral as far as expressing my religious beliefs, however, I do not change
my actions which are based on religious beliefs. Students are affected because they are caught in the
middle, it seems, sometimes. There are some students whose families don't celebrate a holiday, but
at school, they don't want to feel left out so they participate in the religious holiday festivities. It is
one of those really touchy areas that I doubt will ever be completely clear.
Klein, A. (2016). No Child Left Behind Overview: Definitions, Requirements, Criticisms, and More.
Retrieved November 21, 2016,

Privacy Act Of 1974
The Privacy Act of 1974, 5 U.S.C. § 552a, establishes a code of fair information practices that
governs the collection, maintenance, use, and dissemination of information about individuals that is
maintained in systems of records by federal agencies. A system of records is a group of records
under the control of an agency from which information is retrieved by the name of the individual or
by some identifier assigned to the individual.
The Privacy was enacted for the use of computerized databases that might impact the individual's
privacy rights. Here are key provisions of the act:
It requires government agencies to show an individual any records kept on him or her.
It requires agencies to follow certain principles, called "fair information

Constitutional Right to Privacy and the Us Patriot Act...
Privacy Essay
Privacy. What do you think the average American would say if you told them they have no
Constitutional Right to Privacy, as privacy is never mentioned anywhere in the Constitution? That
the information they share over the World Wide Web has little if any protection by or from the
government. Of course our government is hard at work to modernize the form of weeding out the
unsanitary to which some cenacles might call censorship. But the main question still stands, do we
have a right to privacy and is the government violating our natural freedoms, or do we need
someone to monitor the actions of our society to keep order. The question is as old as government;
to what extent should the government influence our lives. When you ... Show more content on
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This is a very debatable topic and many parents have different grounds for the extent of their child's
privacy. Some children are monitored by their parents, correcting every mistake and punishing every
misjudgment. Other parents promote more of a free spirit and trust, to teach their child
independence and develop experiences. Two are differing theories of parenting and both are
different theories of government. One assumes that humans are naturally reasonable creatures and
the other that humans are naturally emotionally driven and unreliable. So the question then goes to
nature or nurture, and are humans reasonable or erratic? So we assume that man is a combination of
both good and evil, and in doing so we assume that some level of privacy is in order but also the
government must control those who diverge from the law. The question then
Domich 4
arises, to what degree should citizens be left to themselves and what degree should they be
monitored? The two extrema of this argument include the State of Nature, which has been
previously described, and what is also known as the Big Brother structure. The idea that if man were
molded to be perfect from birth, they would in turn live perfect lives is an idea that has been
philosophized, debated, and dreamed of for generations of intellectuals. In almost every theorized
Utopia, there has been a certain level of censorship. Censorship in these hypothetical societies exists
on the

Federal Privacy Act Case Study
The Federal Privacy Act was implemented in 1974 to establish a co de of fair information policies
that dominate the selection, upkeep, use, and the spread of information abou t individuals that is
conserved in systems of records by federal agencies.
This act was put into place to protect individuals' privacy from the embezzlement of Federal records,
to ensure that individuals be allowed entry to records concerning them which are maintained by
Federal agencies. Priva cy laws are concerning laws that allocate with control, keep
, and using of personally distinguishable information of individuals, which can be collected by
governments, public or private organizations, or by other individuals. Anyone who has been
prosecuted of these

The Privacy Act Of 1988 Essay
According to Dictionary.com confidentiality is "the right of an individual to have personal,
identifiable medical information kept private." The definition for this term is widely known in health
care, but when it is applied to adolescents many people do not understand the basics. Doctors are
responsible for informing adolescent patients and their parents the privacy a minor is given
according to federal and state laws, but in some cases doctors fail to do so. This results in the
misunderstanding of minor's privacy rights, which can lead to the adolescent patient not disclosing
significant information, and the parents assuming they have the right to all of their child's medical
records. Because of this, it is important for adolescents and their parents to understand the nature of
confidentiality in health care. Many people are unsure of the rights granted to minors because of the
laws in place, or the lack of laws in place. In fact there are laws, such as the Privacy Act of 1988 that
could be a reason people are confused about the rights minors have to confidentiality. This act is
directly described in a professional practice article when Bird (2007), stated that an adolescent's
health information can be released to a guardian, but in circumstances where a minor is capable of
making their own medical decisions, they should be allowed to do so (p. 655). Bird further
explained that "If an adolescent is able to consent to their own medical treatment, then they are

The Freedom Of Privacy Act
INTRODUCTION I. Attention–getter: "Privacy is not something that I'm merely entitled to, it's an
absolute prerequisite," by Marlon Brando II. Relevance: The government for years has been using
the excuse of national security, as a way in to our lives and the lives of those we represent. It is time
that we introduce a new law in order curb this intrusion in to our lives III. Credibility: We are
bringing up this topic, because we have done our research on events that the has overstepped their
bounds, and we can say that each and every one of us should be allowed our privacy. IV. Thesis
Statement: The Freedom of Privacy Act is design to counter and replace the unconstitutional Patriot
Act, and return privacy back to our nation. V. Preview ... Show more content on Helpwriting.net ...
Such as the right for people to be secure, in their persons and homes from unlawful searches. i. Yet
the Patriot act has repeatedly ignored the fourth amendment. ii. With their unchecked ability to
collect mass records on U.S. Citizens through section 215 of the act. B. Over the year's government
agencies have been allowed without oversight to obtain any information they deemed fit under
section 215 of the Patriot Act. (Ybarra) C. Section 215 of the Patriot Act has been ruled
unconstitutional by our federal court system. (Savage and Weisman) So the law itself is becoming
obsolete, and needs to be replaced. Transition: I will now be handing the floor over to fellow
Representative Javier Mejia to discuss in more detail the problem. II. The Patriot act has been used
by the federal government to gather information on millions of hard working, honesty Americans.
To this day they continue to gather information on us or find new ways to gather information on us
A. With the failure of the Patriot Act, something new had to be created in order to keep something
from this happing again. As representatives of the people, several colleagues and myself came
together to bring to light its failure. B. The major consequence of the Patriot Act was the collection
of data. Millions of citizen's information has been collected by several government agencies have
been collected, and in their own admission about the collection. They have admitted to not solving a
major

The Family Educational Rights And Privacy Act
A few years ago, an acquaintance received a stunning phone call from her daughter 's former college
roommate. The conversation went something like this:
"I thought you should know your daughter never graduated from college."
"What? She claimed she was just skipping the ceremony."
"Well, the truth is she didn 't attend classes the last two years."
The parents were shellshocked, concerned and ultimately furious at the school. "Why didn 't they
tell us?"
The answer is FERPA.
Passed in 1974, the Family Educational Rights and Privacy Act is an unwieldy piece of legislation
affecting all institutions that receive funding from the Department of Education.
Although it has been amended over the years, the law 's bottom line remains: "Once a student
reaches 18 years of age or attends a postsecondary institution, he or she becomes an 'eligible student
' and all rights under FERPA transfer from the parent to the student."
This essentially means that you have no right, as a parent, to know what or how your children are
doing in school. They can binge–watch "True Detective" rather than attend classes, never disclose
their grades, maybe become seriously anxious or depressed, and you have to take their word for it
when they say "everything 's fine."
For sons and daughters who move through college in four efficient years, the law has little
consequence. Unfortunately, even kids who never played hooky, told a lie or got less than a
B in high school can become socially and academically lost

Online Privacy Protection Act (COPPA)
The worldwide increase in technology awakened concerns on how to protect minors. In 1998, the
Bill Clinton Presidential Administration developed the Children's Online Privacy Protection Act
(COPPA) (The Clinton Presidency: Unleashing the New Economy –– Expanding Access to
Technology. n.d.). The COPPA was developed to protect children under the age of 13 from the
operators of commercial websites that collects information using online services, applications, and
websites. In addition, the operators are required to receive a verified consent form by each parent
with minor children before any data is collected. In 2012, an amendment was established in
response to the influx of public comments and proposed changes. Major Provisions The Children's
... Show more content on Helpwriting.net ...
313, para 1). In 1974, the Family Education Rights and Privacy Act passed by congress protected
"the privacy of students and assures fairness in the keeping and use of school records (Imber et al,
2014 p. 313, para 2). Another major contribution to the reform of student records occurred in 1995
with the reform of the Texas Education Code (TEC) (An Overview of the History of Public
Education in Texas. n.d. para 12). In addition, the TEC § 26.004 Access to Student Records provided
parents with access to student records. Major provisions The TEC § 26.004 defined the records
available to parents with written consent as the following: The access to attendance, behavioral
pattern reports, and disciplinary records. The child's heath and immunization records would be
protected by written consent. The parents could access teacher and school counselor evaluations.
The access to psychological records and applications for admissions. The parent could also access
any psychological records of the child. The parents were also granted access to test scores and

Electronic Communication Privacy Act 1986
The Electronic Communication Privacy Act is protection against the illegal interception of citizens'
digital communication methods. The act establishes and restricts access to electronic means of
communicating and prohibits the authorization of the government and employers to do so without
given consent. Although the act establishes protection to citizens against illegal interception people
should take into account for what and from whom they send out their information.
There are many problems with the Electronic Communication Privacy Act of 1986, including issues
with the workplace. The United State Constitution and its corresponding Fourth Amendment privacy
protection provide little guidance in email monitoring situations. At the very least,

Hitech Act ‚Äì Privacy and Security
HITECH Act – Privacy and Security What is the HITECH Act? Protecting the privacy of patient
information is one of the top priorities of all healthcare providers and is specifically required by
various state and federal laws. On February 17, 2009 the American Recovery and Reinvestment Act
of 2009 (ARRA, sometimes referred to as "the stimulus") included provisions making significant
improvement in the privacy and security standards for health information was signed into law by the
federal government (http://www.hpsafind.hrsa.gov). Included in this law is $19.2 Billion which is
intended to be used to increase the use of Electronic Health Records (EHR) by physicians and
hospitals; this portion of the bill is called, the Health ... Show more content on Helpwriting.net ...
The second method, destruction, will also secure information found in paper or electronic format.
The paper or other hard copy media must be shredded or destroyed in a manner that EHR cannot be
read or otherwise reconstructed. Electronic media is to be cleared, purged or destroyed. Destruction
should also be performed consistent with NIST standards (Kline, 2009). What does the HITECH Act
mean to physicians and hospitals? From a high level the act includes up to $44,000 in total
incentives per physician under Medicare for "meaningful use" of EHR. Physicians reimbursed by
Medicaid can receive up to $63,500 based on state–defined guidelines. Hospitals with high
Medicare and Medicaid volumes could receive up to $11 million. These incentives will be paid out
over a 4 to 5 year period beginning in 2011 (http://www.opencongress.org/bill/111–h1/show). How
do physicians or hospitals qualify for HITECH Act Incentives? Although the specific requirements
have not been issued yet, we do know that in order to qualify for incentive payments, physicians
must: use a "certified" EHR: the act does not specify what "certification" will mean or who will
provide certification. There is general consensus that the certifying organization will be the
independent Certification Commission for Healthcare Information Technology (CCHIT);
demonstrate "meaningful use" of an EHR: according to the Health and Human Services (HHS)
"meaningful use" includes communication with

Online Privacy Protection Act (COPPA)
COPPA and CIPA
The Children's Online Privacy Protection Act (COPPA) and the Children's Internet Protection Act
(CIPA) were both enacted as part of the state's efforts to protect children in the United States from
any adverse implications arising from Internet use.
COPPA protects any information that can be used to identify or contact the child. This includes, but
is not limited to a child's full name, home address, email address or their social security number. The
requirements of COPPA are:
1. The website operators are required to put in place measures that aim at protecting the minor's
safety and privacy (Jordan, 2013). The notice must be understandable and free of information that is
not related to complying with COPPA.
2. The website ... Show more content on Helpwriting.net ...
In any case, CIPA does not infringe upon an individual's right of speech. The computers are on
school property, and therefore the school can decide what should be accessed. As far as COPPA is
concerned, website operators may not realize that it also protects them from lawsuits. As long as
they follow COPPA requirements, parents cannot sue them if their children gain access to
questionable content through dishonest measures.
References
Grama, J. L. (2015). Legal issues in information security (2nd ed.). Burlington, MA: Jones &
Bartlett Learning.
Howard, K. (2013). Using Facebook and Other SNSs in K–12 Classrooms: ethical considerations
for safe social networking. Issues in Teacher Education, 22(2), 39.
Jordan, A. B. (2013). The impact of media policy on children's media exposure. The International
Encyclopedia of Media Studies.
Kolderup, G. (2013). The First Amendment and internet filtering in public libraries. Indiana
Libraries, 32(1), 26–29.
Miranda, S. M., Young, A., & Yetgin, E. (2016). Are social media emancipatory or hegemonic?
Societal effects of mass media digitization. MIS Quarterly, 40(2), 303–329.
COPPA – Children's Online Privacy Protection Act. (n.d.). Retrieved April 04, 2018, from

Privacy Act Of 1996 Essay
When comparing the Health Insurance Portability and Accountability Act of 1996, both have
privacy and security rule, however, they are some differences. The Health Insurance Portability and
Accountability Act provides rights and protections for participants and beneficiaries in group health
plans. It offers protection for workers and their families. The law provides additional opportunities
to enroll in a group health plan if you lose other coverage or experience certain life events, for
example, becoming disable or sick and can not work. The Health Insurance Portability and
Accountability Act of 1996 rules contain many privacy, security, and breach notification. There are
requirements that apply to individually identifiable health information. Protects records about
individuals such as a name, social security number, or other identifying number or symbol must be
kept confidential. An individual has rights ... Show more content on Helpwriting.net ...
States can also request a determination that a conflicting state law will not be preempted by HIPAA
if the state can demonstrate one of the conditions listed in the rule, has conflicting provision serves a
compelling public health, safety, or welfare interest, and, if the conflicting provision relates to a
privacy right, that the intrusion into privacy is warranted given the public interest being served.
Prohibits covered entities from disclosing protected health information to any third parties, unless
the individual who is the subject of the information or the individuals personal authorizes it in
writing. Disclosure is required to be made to the individual representative In general, a state law or
regulation that conflicts with HIPAA and the Privacy Rule is preempted by the federal

The Firearm Owner 's Privacy Act
Based upon my understanding of the United States Constitution as well as listening to the arguments
brought forth by the two parties in this particular case, I see a great reason to believe that three of
the four provisions of the Firearm Owner's Privacy Act is an unconstitutional abridgment of the First
Amendment. The record–keeping provision, anti–harassment provision, and the inquiry provisions
are in clear violation of the First Amendment as they are content–based regulations of speech that
fail strict scrutiny. However, the anti–discrimination provision of the law is constitutional as it does
not regulate free speech.
Syllabus: The Firearm Owner's Privacy Act contains four provisions.
The greatest problem with the three ... Show more content on Helpwriting.net ...
The law, as enacted, has three provisions designed to carry–out the state of Florida's governmental
responsibility of protecting its citizens' Second Amendment rights from being potentially infringed.
Additionally, there is one provision in the law that aims to protect against the possibility that
physicians might discriminate against patients or potential patients simply due to the fact that they
are exercising their constitutional right of owning a firearm. However though, in creating this law,
the Florida State Legislature created a content–based and viewpoint–based restriction upon
physicians' right to freedom of speech under the First Amendment. As this law imposes both a
content–based and viewpoint–based restriction upon a physician's fundamental right to free–speech
specifically in order to prohibit the advocation of a specific point of view, I believe that strict
scrutiny is only suitable form of judicial review for a case such as this. As was established in
Ashcroft v. ACLU (2002), the government cannot impose restrictions upon the First Amendment
simply because of its content. This decision was then strengthened greatly by the Supreme Court in
the case of Reed v. Town of Gilbert which made the determination that laws which restrict speech
"based on its communicative content... are presumptively

The USA Patriot Act: Invasion Of Privacy
Would you give up your privacy for a little bit of security? The two go hand in hand. Our advancing
technology provides our government with the tools to fulfill its top priority–national security. But
where is the line drawn between security and privacy? Privacy is not only a value to many
Americans–it is a right protected under the Fourth Amendment. But to what extent? The technology
meant to protect us seems to be invading the little privacy we have left, having diminished greatly
over the years. It has been said, "Give me liberty or give me death!" Since 9/11, security in our daily
lives has been a concern for many Americans and the government has since made efforts to secure
the nation. The measures taken to protect our nation through the ... Show more content on
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Airports have recently utilized Advanced Imaging Technology (AIT), which has since raised
concerns for privacy and whether or not it breaches the Fourth Amendment. AIT or full body
scanners, use electromagnetic wavelengths to see beneath your clothes, producing an image of your
naked body for the TSA (Taylor, 2013, p.513). From there, they can see anything you may be
carrying (Taylor, 2013, p.513). Jeffrey Rosen states, "The designers of the body scanners at Pacific
Northwest National Laboratory offered US Officials a choice between these naked machines or blob
machines" (Rosen, 2010, p.9). The blob machines are less invasive, portraying your body as a "non–
humiliating blob" in the words of Rosen. The U.S. Department of Homeland Security eventually
deployed the naked body scanners without public opinion (Rosen, 2010, p.9). Although the intention
of these machines seems to be good when it concerns the safety of travelers, these invasive
procedures have led to incidents of misuse and can be humiliating for many. An incident in a
Nigerian Airport occurred where airport officers used full–body scans as a form of pornography
(Taylor, 2013, p.514). In another, US Marshalls in Florida illegally saved 35,000 images of full–
body scans on one scanner (Taylor, 2013, p.514 ). To make matters worse, these images were
plastered on the internet (Taylor, 2013,

Privacy Act 1974
This case study should have addressed provisions of the Privacy Act of 1974, the provisions of the
Freedom of Information Act (FOIA), and what Privacy Impact Assessments (PIA) must describe.
One of the provision of the Privacy Act of 1974 is that provides individual access to his or her
record or any information that the federal government has about him or her. According to the
Privacy Act of 1974 one of the provisions is that an individual can request his archives in stored by
federal agency to review (subsection d, Access to Records, 2005). Another provision of the Privacy
Act is that agency cannot share with another agency any record about an individual without his or
her written request (subsection b, Conditions of Disclosure, 2005). This provision protects
individual's privacy and personal identifiable information from being share without his or her
consent.
Just as the Privacy Act of 1974, the Freedom of Information Act (FOIA) provides individual access
to his or her information from the federal government (FOIA, 2011). When an individual requests
his or her records through the FOIA, the request should be treated under both the Privacy Act and
the FOIA. According to the FOIA (2011),"Federal agencies are required to disclose any information
requested under the FOIA unless it falls under ... Show more content on Helpwriting.net ...
According to the White House, Office of Management and Budge, PIAs must describe 1. What
information is to be collected, 2. why the information is being collected, 3. intended use of the
information, 4. with whom the information will be shared, 5. What opportunities individuals have to
decline to provide information, 6. how the information will be secured and 7. whether the system of
record is being created under the Privacy Act. (Conduction a PIA section,

The Electronic Communication Privacy Act, 1986
The Electronic Communication Privacy Act,1986
The Electronic Communication Privacy Act,1986 was initially n amendment of the Omnibus Crime
Control and Safe Streets Act of 1968 (Title III) which was also referred to as Wiretap Statute. This
was an act that was intended to stop government illegal access to the private electronic
communications. With the emergence of other means of electronic communication like the internet,
there was a growing tendency of the government agencies to sneak into the information channels of
citizens without their permission. This was due to the fact that the 1968 Act did not cover the
electronic mails that were en route to their final destination. The courts till 2005 declared that this
type of communication was not covered by the 1986 Act. It was until then that the US Court of
Appeal reversed the ruling that has been barring the e–mails from being covered under the privacy
provision. The above scenario that the ECPA had to be amended with the argument that all
electronic communication has to be temporarily stored at some given point in time and the argument
that there was no any illegality in any interception before the communication reaches the destination
was null and void. The Electronic Communications Privacy Act (ECPA) therefore gives the clear
guidelines to the access, use, interception, disclosure as well as privacy protection of the electronic
communication. This Act covers electronic communication as well as various forms of

Electronic Communications Privacy Act ( Ecpa )
Abstract
The Electronic Communications Privacy Act (ECPA) was a pretty progressive law at the time it was
enacted. It enhanced the privacy protection that was originally delineated in the Omnibus Crime
Control and Safe Streets Act of 1968 by also adding communication protection for pagers, email,
cell phones, service providers, and computer transmissions. The ECPA addressed the legal privacy
issues that were surfacing with the rising use of networks, computers and other new innovations in
electronic communications. The first large computers had been built as early as the 1950s, with the
first development of a mass–market microcomputer starting in 1977. The development of
ARPANET in the late 1960s and early 1970s would eventually lead to ... Show more content on
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The ECPA safeguards electronic, oral, and wire communications during creation, in transit, in
storage and relates to electronic mail, phone conversations, and data that is stored electronically. The
intended purpose of the legislation is to reassure customers that their private information will remain
secure from public exposure. The ECPA includes three main provisions for communications privacy
titled the Wiretap Act, Stored Communications Act, and Pen–Register Act.
Wiretap Act
The Wiretap Act has provisions that safeguard an individual's telephonic and computer–based voice
communications from being captured, used or released by another individual. This Act prohibits the
listen in on and electronic bugging, the physical custody of bugging or tapping equipment, as well as
the "use or disclosure of information unlawfully obtained" from the use of said equipment."
(Unknown, 2013). The Act also provides exceptions for service providers, in specific instances, and
for law enforcement to perform electronic eavesdropping, under the Foreign Intelligence
Surveillance Act. It affords processes for government entities to acquire judicial consent for
obtaining such communications, and controls the usage and release of this information acquired
from legal eavesdropping.
Stored Communications Act
The Stored Communications Act encompasses the rights of

Computer Matching And Privacy Act Of 1988
The Computer Matching and Privacy Act 1988 was sponsor by senate Cohen William – introduced
2–15–1987. Committees: Senate – Governmental Affairs House Government Operations Latest
Action – 10–18–1998 Became Public Law No. 100–503. Computer Matching and privacy Act of
1988 – such agencies as Social Security Administration which is referred to as a source agency and
the Corporation for National Community Services known as the recipient agency. These two
agencies are participant in the privacy act of 1925 and as an amended to the Privacy Protection Act
of 1988. These agencies use this privacy act to verify social security numbers of anyone who applies
to national service positions and who received national service education awards and to verify

Treating Information Privacy Flaws Of The Federal Trade...
TREATING INFORMATION PRIVACY DEFICIENCIES IN CYBERSPACE
Introduction
Scholars are divided on the fundamental question of the Federal Trade Commission's (FTC)
adjudicative capacity under the FTC Act. The FTC uses a reasonableness standard and considers
each company's data security practices on a case–by–case basis. For more than a decade, the FTC's
enforcement of data security actions invoked under §5 of the Federal Trade Commission Act (FTC
Act) resulted in consent decrees and settlements, subsequently scrutinized by practitioners as
carrying as much precedential value as judicial opinions.
In 2015, the Third Circuit Court Appeals' decision in Wyndham reinforced the FTC's authority to
pursue enforcement actions against companies that do not have reasonable data security practices.
Notwithstanding a motion to dismiss arguing that, inter alia, (1) the FTC lacks authority to regulate
under §5 of the FTC Act and (2) the FTC failed to provide fair notice and of what constitutes
reasonable data security standards and (3) §5 does not govern the security of payment card data;
Wyndham marked the first time federal courts held that the FTC has authority under §5 of the FTC
Act to enforce data security practices.
Equipped with Wyndham, the FTC's guidelines in providing information about what acts constitutes
unfair or deceptive practices carry more precedential force than ever before. Essentially, the Circuit
Court of Appeals' holding in Wyndham affirms the FTC's discretion to

Privacy Act Pros And Cons
When this act was made effective in October of 2001, many people came out and criticized it. They
claimed that the act infringed on some of their rights and their privacy.
According to Pizzo (2015), the most criticized was the act's section 215 of Title II, which gave the
FBI access to the personal records of US citizens, including medical, financial, telephone, and
library records. To obtain records, the FBI would issue a national security letter (NSL), which
demanded the handover of relevant communication records and included a gag order to
preemptively prohibit discussing the receipt of the NSL and challenging the NSL in court. The
ACLU charged that section 215 and its gag order violated the First Amendment's protection of free
speech.
The biggest issue I saw with this act was the fact that the government is able to tap into people's
telephone and listen to phone calls. All levels of privacy are now gone when the FBI are able to do
such ... Show more content on Helpwriting.net ...
Bush and his administration in 2001 shortly after the September 11, 2001 attacks. The act came
across to many that it was just too much and some of the U.S citizens felt like their rights were
being infringed; however, I believe that the government didn't intend on it to come across this way.
Has the act done good? I firmly believe that the government should do whatever it needs to do in
order to keep our homeland secure. While I feel like my rights are being infringed from the use of
wiretaps, the government is more than welcome to tap into my phone line if they have any suspicion
of me planning anything that could hurt American citizens. Since its creation in 2001, the
government has done things to improve the act. In 2015, the Senate let the controversial section 215
expire. The USA PATRIOT Act has helped the fight against terrorism whilst creating some issues in
our homeland in regards to the constitutional rights of the

Privacy Act: Looking At A Cyber Crime
Privacy Act When looking at a cyber crime it is a crime that is committed over the web, and in order
to commit these crimes the criminals uses a their smart phone, tablet, or their computer. Criminals
today will use social media with false accounts to get the attention of users to get to their personal
information, social media could be; email, or sites like Facebook and Instagram. Social engineering
could be another source that a criminal could use to hack users, in order to get their personal
information. Sometimes people use social media in order to appear as if they are someone else, they
don't always appear to do this for information at first glance. People use social engineering to get
users to go to their websites, then make then make

Essay on Electronic and Communication Privacy Act of 1986
Electronic and Communication Privacy Act of 1986
We are all familiar with the phrase, "A little birdie told me." But where did that birdie get his
information? If he was like most Mockingbirds in the sky, his information was probably obtained
through eavesdropping, which is not an ethical approach. This day and age with technology
becoming more and more effective everyday it is not the birds that we have to worry about.
Congress has recognized the way that technology has changed society and reacted by passing the
Electronic Communication Privacy Act of 1986. There are two main Titles discussed in this act,
Title I––Interception of Communications and Related Matters and Title II–– Stored Wire and
Electronic Communications and ... Show more content on Helpwriting.net ...
Where it preserved your right to listen in to public radio transmissions, it preserves your right to
listen in on pubic computerized transmissions. It allows the "provider of electronic communication
service"to keep records of who called and when, to protect themselves from the fraudulent, unlawful
or abusive use of such service. This law has stated that is illegal to intentionally intercept a phone
conversation on a cellular phone and also to disclose any of the information obtained illegally. The
law forbids the manufacturers of radio scanners from creating or marketing any type of radio that
will interfere or invade the same frequencies that are used for cellular phones. Title I is very self
explanatory, it deals with the more obvious privacy laws. Title II––Stored Wire and Electronic
Communications and Transactional Records Access, is more complex than the above title. This
section has caused the biggest concern among bulletin board system operators and users. For those
who do not understand what a bulletin board is, it is places on the Internet where messages, or pretty
much anything can be posted. Unfortunately, while a lot of well–intentioned people know that a law
had been passed, most of them started discussing it without talking the trouble to read it first. As a
result, there has been a lot of misinformation

The Patriot Act: The Right To Privacy
On October 26, 2001, a law was signed into congress by George W. Bush known as the Patriot Act.
The initial purpose of the act was to monitor terrorist like activity that could happen on U.S. soil and
that could affect the way of the American life. Although its sole purpose was to monitor suspect
activity, it gives citizens little to no privacy. In Martin Letter from Birmingham Jail, he explains how
he believed that a just laws should follow the code of ethics. However, this law is the farthest from
having morals or being ethical, it's used to invaded the privacy of U.S. citizen. The USA Patriot Act
is an unjust law, it violates the right to freedom and abuses the right to have privacy, and it can lead
to unlawful consequences. The Patriot Act was created after September 11, 2001, to protect the
American people from terrorism. Specifically, it allows the FBI to implement a critical vetting
process. This process involves ... Show more content on Helpwriting.net ...
The patriot act violates fourth amendment numerous reasons. Private phone calls and emails are
being read and seen by official for terrorist activity. The United States Government has gotten
authority to have more security surveillance on everyone just to be sure that they are not committing
any illegal or terrorist like activity. The main purpose of the law was to protect the American people,
but it is just makes them more afraid. No one should have the right to watch what someone is doing
without there constant first. Without checks and balances many just laws would probably be
removed and replaced with laws that could affect the lives of many. The FBI can obtain personal and
very private documents with a search warrant but have an easier time of getting one. They also
search before they hand you the warrant being processed that is called a sneak and peek warrant
which is not considered

Privacy Act Research Paper
2. Privacy Act 1988
The Privacy Act regulates how personal information is handled. Such information; individuals
name, telephone number, medical records, bank account details, signature, date of birth, address and
health records. It gives you power over the way your individual information is handled and the Act
allows you to; know why your individual information is being composed; or how it will be used and
who will be able to access it, ask for access to your information (as well as health information), If
the information is incorrect, ask for it to be corrected and to have the option of not identifying
yourself. Child Protection Legislation
State and Territories are accountable for the management and process of the Child Protection
Services.

Electronic Communications Privacy Act (ECPA)
The Electronic Communications Privacy Act ("ECPA") was passed in 1986 to update the 1968 Title
III Wiretap Act, the federal statute that first prohibited the actual or intentional interception
communications without judicial authorization (Wiretap Act, 1968). The 1968 act only concerned
wire and oral communications; a wire communication was defined as "any communication made in
whole or in part through the use of [common carrier] facilities for the [interstate or foreign]
transmission of communications by the aid of wire, cable, or other like connection between the point
of origin and the point of reception," and oral communication was defined as "any oral
communication uttered by a person exhibiting an expectation [of privacy]." ECPA sought to amend
the Wiretap Act in order to accommodate privacy protections for the increasingly prolific use of
electronic devices in communications between citizens that do not apply to the original definitions
(Comm. on the Judiciary, 1986). ECPA consisted of three titles: the first title amended the 1968
Wiretap Act, the second title addressed stored communications, and the title addressed pen–registers
and trap and trace devices. Title I of ECPA introduces the term "electronic communication" defined
as any communication "not carried by sound waves and [those that] cannot fairly be categorized as
containing the human voice" with four explicit exceptions to this definition (ECPA, 1986). The first
exception was for "any wire and oral ... Show more content on Helpwriting.net ...
This addition was designed "to free field agents from the relatively routine activity of monitoring
interceptions so that they can engage in other law enforcement activities." While efficiency is
claimed as the motivating factor, it serves the purpose of aiding law enforcement above protecting
consumer privacy regarding their personal

The Public Facilities Privacy & Security Act
In March 2016, a "bathroom bill," entitled the Public Facilities Privacy & Security Act was
introduced in North Carolina and signed into law by Governor Pat McCrory. Commonly referred to
as "HB2," or House Bill 2, this law states that within government buildings, like schools, an
individual must use the restroom or changing facility that matches the sex listed on their birth
certificate. For transgender individuals, this presents a problem, as their birth sex and the gender
with which they identify do not match. Several other states, including South Dakota, Florida,
Tennessee, and Wisconsin have introduced similar bills. Although these forms of legislature may
seem of concern to only a minority, it should ultimately concern anyone who ... Show more content
on Helpwriting.net ...
Spokespeople for other North Carolina police departments have made similar statements (Michaels).
Even if such a thing were plausible, how would one determine whether or not to allow a particular
person into the restroom?
Consider, for a moment, people who are gender non–conforming. These individuals are comfortable
with their biological sex, male or female, but choose to present themselves in a way that is not
typical of or expected for their gender. For example, a female may shirk feminine gender roles and
dress in a way that is considered "masculine." Now imagine a scenario in which such an individual
wants to use the women's restroom. They do not look as is expected for a female, but they are
female nonetheless. Would a law enforcement officer request they present some form of ID or even
their birth certificate? Would there be someone on standby to examine bathroom goer's genitals, or
check their DNA to ensure they have the correct chromosomes? On the other hand, there are many
cases in which a transgender person is virtually indistinguishable from a non–transgender person,
and this says nothing of intersex people who fall outside of the sex binary. The fact of the matter is
that gender and sex are often blurred lines. In those cases, the only way to be certain the person
entering the restroom was of the proper sex would be through the use of the extreme and

The Importance Of The Electronic Communications Privacy Act
The Electronic Communications Privacy Act (ECPA) is a United States government statute that
denies an outsider from blocking or uncovering interchanges without approval.
Foundation: The Electronic Communications Privacy Act and the Stored Wire Electronic
Communications Act are generally alluded together as the Electronic Communications Privacy Act
(ECPA) of 1986. The ECPA refreshed the Federal Wiretap Act of 1968, which tended to block
attempt of discussions utilizing "hard" phone lines, yet did not make a difference to interference of
PC and other computerized and electronic correspondences. A few resulting bits of enactment,
including The USA PATRIOT Act, elucidate and refresh the ECPA to keep pace with the
development of new interchanges advancements and techniques, including facilitating confinements
on law requirement access to put away correspondences at times.
In the same line EU Parliament Releases Draft Report on ePrivacy Directive: The European
Parliament's Committee on Civil Liberties, Justice, and Home Affairs has released a draft report on
regulations for privacy and electronic communications. The draft contains several proposals to
strengthen online privacy, including end–to–end encryption in all electronic communications and a
ban on encryption backdoors. Protecting the privacy of communications is "an essential condition
for the respect of other related fundamental rights and freedoms," according to the report. EPIC has
urged the FCC to follow developments

Pros And Cons Of The Electronics Communications Privacy Act
The electronics communications privacy act is something I find very disturbing and it has affected
me personally in a work situation. At the time the man I was working for was a licensee for a larger
franchise and was going through a legal dispute at the corporate office. I emailed the owner from my
work email when the evidence of my boss's demise was clear in hopes to ensure my future with the
company was in place. When I arrived at work the next morning the licensee holder and my boss
had already read my cry for help and fired me on the spot. It was the first time I was even aware
something like this was possible. I think the situation I've described is just one of many possible
examples of the disadvantages something like this has. Advantages

Electronic Communication Privacy Act ( Eassy )
Electronic communication privacy act
The government has set new standards to obtain digital information of citizens introduced in 1986.
The law has not changed, but the technology dramatically. ( 'US public–private partnership for
cyber–security ', 2010). The government has privilege to get electronic data without needing a
warrant. Some sort of movement launched against it to bring a small variation, but the debate is still
going on.
Cyber intelligence sharing and protection act
This law states how companies exchange information of cyber threats with the higher authorities.
Experts say there is no need to share private information with the government. There is various
privacy concerns associated with it, when companies give personally identifiable data about United
States citizens. Nobody has any idea what it will be used for because of wider definitions written in
the bill. ( 'Applied Cyber–security and the Smart ', 2013)
Trans Pacific–pacific agreement (TPP)
All over the world, there is an international debate going on to build some standards to exchange
data among nations on both sides of the pacific. Technology lovers are still worried about what this
law will mean for digital copyrights laws both in the United States and globally. The TPP circle
includes 9 countries, including the United States, Canada, Malaysia etc. The US intellectual property
standards can be expanded to other counties via TPP agreement.
Issues associated with the privacy
Location

The Privacy Of The Patriot Act
Privacy
The misuse of our personal information collected by private and public institutions has made
privacy, or the lack of it, a major societal concern today. One of the biggest reasons privacy has
become such an issue is the enactment of the "Patriot Act", signed into law in reaction to the attacks
on 9/11/2001. This act broadened the ability for the US government to collect surveillance on people
in order to protect against terrorism inside the US. Critiques say it violates our civil liberties and
undermines our democracy. One example of this is the collection and storage of phone data by the
government under the Patriot Act. Is this an invasion of privacy? In order to keep society safe, a
certain amount of private information has to be known by Law Enforcement. In order to collect
taxes and for society to function, the government also needs some information. Collecting basic
information isn't an invasion of privacy, but the collection phone data is too intrusive. Can the public
trust the government to not miss–use or lose the information they have on them?
The government and major companies have frequently leaked and misused the public's information.
For example, in Ted Koppel's 2005 article on "Take My Privacy, Please!", he mentions how Bank of
America lost personal information on about 1.2 million federal government employees, including
some senators. LexisNexis unintentionally gave outsiders access to personal files on over 310,000
people. Time Warner

Family Educational Rights And Privacy Act
The Family Educational Rights and Privacy Act (FERPA 1974) or the Buckley Amendment
addresses educational records, more so the release of such records by institutions getting federal
funds. Student records can be released with written consent from the student to external sources or
can be obtained by college officials with legitimate interests such as advisers who hope to evaluate
the academic progress of the members. Advisers are still encouraged to either get consent from the
student or request a copy of the records from the student. Educational records show patterns when
considered carefully. For instance, a member can be a "B" average student before participating in an
organization but her grade may either fall or become better indicating some sort of relation. In this
case, as an adviser, I am posed with the responsibility of helping students balance the best of both
worlds. Not every student member will be forthcoming about their academic sanding but when a
student opens up about a situation, I will use the appropriate referral source like tutoring services
offered by the department or support services.
Another federal policy is The Campus Sex Crimes Act and Higher Education Opportunity Act both
deal with sexual misconduct. While the Campus Sex Crimes Act ensures that all students, staff who
are offenders register their conduct in a system, the Higher Education Act makes room for any
disciplinary or investigative proceedings to be detailed to the victim or a next

The Intimate Privacy Act
Technology plays an increasingly influential role to our lives. The internet specifically shapes a
substantial amount in our quest to be more efficient and continues to advance as devices become
smarter and integrate with every facet of our lives. As technology continues to develop,
advancements in digital devices can potentially benefit society substantially and create a more
efficient way of life. Unfortunately, there are many negative effects that have occurred through this
innovative tool. Particularly women have been targeted substantially, and the internet has become a
very hostile and dangerous environment to many. Online harassment is currently more imminent
than ever, and a countless number of individuals have continuously reported ... Show more content
on Helpwriting.net ...
Fortunately, there is a currently a draft called the "Intimate Privacy Act of 2015", which would make
it a crime to post revenge porn (Brandel). Americans value privacy and it is the reason why we have
laws to protect personal information such as; financial data, medical records, driver's license,
addresses, etc. "Laws protecting privacy have a long and important history in this country, and
privacy is essential to the freedom of expression and speech, as well as a being a fundamental to a
democratic society committed to equality and personal autonomy" (Warren). This should be just as
true for sexual privacy as it is for financial and medical privacy, and a federal bill recognizing this
issue is long overdue. Despite the current outdated laws that fail to protect women online, more
companies have started to be much more diligent and organizations such as, Twitter, and Reddit
have deemed it necessary to ban revenge porn on their sites, making the internet a safer place for
women, which is a major progression towards the advancement of the internet in general (Dixit).
Most important Google has just recently decided that they will honor all requests to remove search
results that are sexually explicit on the internet that obtain no consent from that individual. This is a
tremendous accomplishment because the philosophy of Google has always been to have a search
engine that would reflect the whole web and under a federal law passed in 1996, Internet providers
and websites are not legally responsible for third party content posted by users as long as that
content does not violate intellectual property or federal criminal laws (Guynn). More companies are
starting to see the significance of revenge porn as they are intensely personal and emotionally
damaging and essentially serve to only degrade the victim, predominantly

Online Privacy Protection Act
As we've moved further into the twenty–first century, our world and society has been immersed into
the digital world. With this digitization of our culture we have created a new resource, data. Data has
become king in the Age of Intelligence, it fuels most of what technology companies use to make
money. Companies like Google, Facebook, Amazon, ect. have leveraged their vast amounts of data
generated by the millions of internet users to better advertise and attract more users. Surprisingly
most of this data collection is created and aggregated unbeknownst to the users. This is where the
problems start to show themselves. When users are generating 2.5 quintillion bytes of data each day,
as estimated by IBM,(https://www–01.ibm.com/software/data/bigdata/what–is–big–data.html), ...
Show more content on Helpwriting.net ...
There are some laws that address pieces of data protection such as the Children's Online Privacy
Protection Act (COPPA) which imposes certain restrictions to websites targeted at children limiting
what they can and can't keep. Or the Federal Information Security Management Act (FISMA) which
tries to maintain data security standards throughout the government in the most efficient way
possible. However, most of the regulatory power for data protection comes from consumer
protection laws that have been stretched to apply to the internet. There is no strong federal laws that
define our data privacy rights. The one place where we have seen the clearest instructions for data
protection is in the Health Insurance Portability and Accountability Act (HIPAA) which laid out
specific standard to maintain the privacy of medical records. Currently there have been several bills
floating through congress to address some of these issues, but alas none of them have been put into
law. Currently most of the work on data protection has happened at the state level. California has
lead the way with its data protection laws. The California Online Privacy Protection Act ensured
Californians were able to easily find and see the data policies of companies. California also notably
passed one of the first security breach notification laws which required by law for companies to
report to their users if their information was accessed improperly. Laws like these are a right step in
the right direction to protect and inform citizen on what happens with their data but are more or less
bandages for the problem. Without strong federal regulations it is hard to enforce and standardize
these protections across the

Electronic Communication Privacy Act Summary
With the advancement of technology employers are now able to store access and monitor
employees' actions on company computing systems. In 1986, The Electronic Communication
Privacy Act (ECPA) was introduced which disallow the intentional interception of "any wire, oral or
electronic communication", it provides an exemption that permits right to monitor employees in the
course of business (Beesley, 2012). According to the act, if the employee is using equipment owned
by the employer then employer is allowed to monitor an employee's use of computer or phone for a
valid reason. Also, if employer has obtained prior written consent from employee to monitor
employee computer usage then they are legally authorized to do so. Johnson (2015) lists

Educational Rights And Privacy Act (Ferpa)

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