The Electronic Communication Privacy Act, 1986

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
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Should Companies Have the Right to Monitor Employees’...
Should Companies Have The Right To Monitor Employees' E–mails And Phone Conversations?
Employees watch out when using communication, whether e–mail or phone, at work, you never
know who may be listening. Should companies have the right to monitor employees' e–mails and
phone conversation? Most studies believe that they, employers, do have the right to monitor the e–
mail and phone conversations of their employees, as long as they are notified of the fact. There is a
tremendous amount of literature on this issue but it all seems to lean towards the right of the
employers.
The most notable law enacted law that allows employee monitoring was in 1986. It was the 1986
Electronic Communications Privacy Act (it.ojp.gov). Although the ... Show more content on
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They believe that just because someone becomes your employee doesn't mean they give up all their
privacy rights. In one instance, it was argued that if an employee wrote a note to a friend with a
work pencil and paper would this make it applicable to monitoring by the employer, as it was
written with their pencil and paper. This is what employers are arguing when they state that they an
employee is using their electronics, so therefore monitoring is applicable. Still others would argue
that privacy in the workplace is a moral matter (Michael J. Meyer, SCU Professor). "they are
entitled to respect, which requires attention to their privacy. If a boss were to monitor every
conversation or move, most of us would think of such an environment as more like a prison then a
humane workplace."
But in the case of phone calls or e–mails some would believe that (William Parent, "Privacy and
Morality and the Law") there should be put in place criteria for determining which invasion of
privacy is justifiable. William Parent proposes that the employer should apply six questions to
review whether their act of monitoring is allowable or not and that this would offer guidance. But
most would agree that while it is legal for employers to monitor, it does not make it right.
Realistically, most workers are at work sometimes more than forty hours per week. So if they take
the time to make a personal phone call during that

Controversy of Privacy and the Internet
"Privacy is dead – get over it", according to Steve Rambam, a privacy investigator who specializes
in Internet privacy cases, this is how he considers privacy to be in today's society. He is just another
entity living in the midst of a high technology society to whom privacy seems to be dead when
reaching the Internet. With all the traffic on the Internet, the risk of private information falling into
the wrong hands is excessive, and with all the advances in computer technology the rate of privacy
loss is increasing as well. With the right knowledge and experience in technology anything on the
Internet can be access by anyone causing an individual's privacy to be exposed and violated..
Internet privacy, a subset to computer privacy, involves the mandate of personal privacy concerning
the storing, repurposing, provision to third parties, and displaying of information relating to oneself
via Internet. The controversy of privacy concern has being articulated form the beginnings of large
scale computer sharing. According to Maureen Dorney in her article, "Privacy and the Internet" she
states that in 1993 there were already 83% of Americans that were concerned with threats to
personal privacy. In fact, this was not the only year in which data was collected. She adds that in
1970 there were an increasing number of populations being threat of privacy violations. Since then,
the controversy prompted several members of congress to call for increased privacy protection for
data

The Pros And Cons Of Eavesdropping
!!!What is Eavesdropping?
Eavesdropping as we know it in layman terms is the act of secretly listening to a conversation,
private or otherwise of which we are not actively a part. In computer security, the definition carries
the same meaning in digital terms. __Eavesdropping__ in computer security is defined as the
unauthorized interception of a conversation, communication or digital transmission in real time. The
various forms of communication include phone calls, emails, instant messages or any other internet
service.
The activities of eavesdropping normally do not cause disruptions on the normal operation of the
systems being eavesdropped on. In reality if one is eavesdropping on a conversation you hardly
want there to be any form of disruption ... Show more content on Helpwriting.net ...
The law prohibits any person who seeks to or intentionally intercepts another person's
communication or the communication of a device, or has knowledge of such a device, be it
electronic, audio or wire or otherwise seek to use or solicits someone to do the same. (Asking or
paying someone to unlawfully source information or position a devise that does so makes you
equally guilty under the law) This stands true irrespective of the type of device used or its location.
As long as it is a medium of transmission it is prohibited under the law. This means that if the device
used is attached to, or transmits signals through hardware, wire communications, or similar device it
is prohibited. Knowledge of such a perpetrator of such actions or device known to be used is
transmitted interstate or abroad is also punishable by law. The law prohibits the use of such
eavesdropping devices on the premises of any business organisation or private property under this

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

Protecting Privacy and Securing the Nation in the 21st...
The idea of privacy protection for private citizens is rooted in history back to the Magna Carta. With
the passage of time and the evolution of communication the laws of the United States have
attempted to ensure a balance between security of the nation and protecting privacy. The current
state of privacy and the law is now in a state of flux as citizens have begun to rely more and more on
technological means of communication and have integrated privacy invading technology into their
daily lives. It is not uncommon today for the average citizen to have all their conversations and
movements tracked and stored into massive electronic databases simply because they carry a cell
phone. The use of the internet as a means of communication and ... Show more content on
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This is for example how police can contact phone companies and quickly locate a person using the
global positioning unit embedded in many new cell phones if that person is known to be engaging in
illegal activity. The Fifth Amendment strengthens the protections given in the Fourth where it
declares, "...nor be deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation." However it has also been argued that
"The Fourth and Fifth Amendments protect only against government infringements, and do nothing
to control the collection and use of information by private bureaucracies." (Solove 64). Here the
main problem is that in many cases, the data stored by these private entities can be held for an
extensive amount of time (Burstein 195). Couple this with the privatization of Government security
work to companies such as Blackwater USA, which would be immune from Constitutional
oversight. To combat this issue, The Electronic Communications Privacy Act of was created to add
in protections that the Bill of Rights fails to address, and combat the problems associated with
electronic information. This Act closed the loop to privacy intrusions by including "government,
individuals, and private firms" from eavesdropping on electronic communications (Burstein 186).
This act has been amended to keep up with technology, adding in protections for new technology as
it is invented. However, this

What Are Employees Rights In The Workplace
Employees' Rights in the Workplace With the rise of technology there arose a fear of surveillance.
However, George Orwell's 1984 passed us by without noticeable big brother control, and the
national concern over espionage diminished with the demise of the U.S.S.R. These past threats were
concerns over the use of technology by governments that had sufficient resources to use the
technology for sinister purposes. The new threat is not technology in the hands of government, it is
technology alone. What once required massive manpower, now requires merely a personal
computer. Technology has made the power to monitor others widely available, whether to
governments, private enterprise or individuals. This article discusses some ... Show more content on
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The ECPA prohibits the interception by (1) unauthorized individuals or (2) individuals working for a
government entity, acting without a proper warrant. The ECPA is mostly concerned with the
unauthorized access by employees or corporate competitors trying to find out valuable information.
However, while there is no specific prohibition in the ECPA for an employer to monitor the e–mail
of employees, the ECPA does not specifically exempt employers. The ECPA has several exceptions
to the application of the prohibition of interception of electronic communications. The three most
relevant to the workplace are (1) where one party consents, (2) where the provider of the
communication service can monitor communications, and (3) where the monitoring is done in the
ordinary course of business. The first exception, consent, can be implied or actual. Several courts
have placed a fairly high standard for establishing implied consent. For example one court held that
"knowledge of the capability of monitoring alone cannot be considered implied consent."
Accordingly, for an employer to ensure the presence of actual consent, it should prepare, with advice
of counsel, a carefully worded e–mail Policy Statement which explains the scope of employer
monitoring. This Policy Statement should be signed by the employees. One example of how this

Global Positioning Systems Gps On Cell Phones
– Global Positioning Systems GPS have undergone rapid developments in recent years. The GPS
technology allows the locations of users to be determined accurately and there are many advantages
to allow GPS tracking systems on cell phones such as finding friends, family members, maps and
places to visit. Furthermore, cell phone GPS have proven useful in saving lives during emergencies.
In this matter, it is important to mention that the United States of America Federal Communications
Commission have made a E–911 application and E112 in Europe which requires cell phone
companies to provide an accurate location of a cell phone user who calls for emergency help.
However, the location of the cell phone user must be released with consent of the cell phone owner.
As well through using location technologies, a service provider can track whereabouts of a user and
discover their personal habits. What we are typically aware off is that these pieces of sensitive
information can be sold to third parties without their consent or knowledge. It is often feared that
government agencies can monitor the behaviour of individuals, or trace the places they have visited.
Therefore, protecting location privacy from being invaded is thus of utmost importance.
Law: The United States has the Telecommunications Act 1996 included location information as
Customer Proprietary Network Information , along with the time, and date. However, the current
regulation does not specify what kind of customer

Bis 220 Introduction to Computer Applications and Systems...
BIS 220 Introduction To Computer Applications and Systems /Complete Class Click Link below To
Purchase: http://homework–aid.com/BIS–220–Complete–Class–256.htm BIS 220 Week 1
Individual Information Technology Acts Paper Select two of the following acts to research: Do Not
Call Implementation Act, 2003 Controlling the Assault of Non–solicited Pornography and
Marketing (CAN–SPAM) Act, 2003 Federal Information Security Management Act (FISMA), 2002
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (US Patriot Act), 2001, renewed 2006 Children's Internet Protection Act,
2000 Financial Services Modernization Act, 1999 Children's Online Privacy Protection ... Show
more content on Helpwriting.net ...
Efficiency and Collaboration Proposal BIS 220 Week 3 LT, Efficiency and Collaboration Proposal
Resources: Ch. 1 & 2 of Excel® in Microsoft® Office 2010. Scenario: Imagine you are an employee
of Party Plates, a company that manufactures decorative paper plates and napkins for special events.
Your team has been assigned a new project. The president of your company has tasked you with
improving the efficiency of the current information systems used in the sales department, because
the current systems are somewhat antiquated. Your organization is currently using Microsoft®
Excel® to track all personnel data, but would like to migrate to a relational database like
Microsoft® Access®. You have also been tasked with identifying potential collaborative software
that may improve internal communications and help streamline some of the work processes for the
sales department. Prepare a 350– to 700–word proposal addressing the potential implementation of
new information systems in your organization. Explain the usefulness of converting data currently
held in Microsoft® Excel® spreadsheets into a relational database using Microsoft® Access®.
Describe the benefits of using Microsoft® Access® in the work environment. Include suggestions
for the future use of collaborative software and how it can help the sales

Privacy in the Workplace Essay
Privacy in the Workplace
In recent times our right to privacy has been under fire, particularly in the workplace. With the fear
of terrorists in today's world, we have been willing to sacrifice some of our individual rights for the
rights of a society as a whole. A majority of these changes have taken place since September 11,
2001, in an attempt to prevent future terrorist attacks. New legislation, such as the USA Patriot Act,
which decreases the limitations on the federal government's ability to monitor people, has been
created for this reason. Although new legislation may be instrumental in the defense of our national
security, we must take a strong look at their effect and the effect of decreased privacy in the
workplace. ... Show more content on Helpwriting.net ...
Currently, employees have few privacy rights, especially while utilizing their employer's
communication systems. The corporations' monitoring and recording practices in this area are
protected by an exemption in the Electronic Communications Privacy Act of 1986.
Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i)
furnished to the subscriber or user by a provider or wire or electronic communications service in the
ordinary course of its business and being used by the subscriber or user in the ordinary course of its
business or furnished by such subscriber or user for connection to the facilities or such service in use
in the ordinary course of business
(18 U.S. section 2510(5) (a).
Employers are taking advantage of this protection offered by our federal government and as more
employees are being given the opportunity to utilize their employer's communications system, less
areas of privacy are being afforded.
As stated above, a more recent legislation affecting employees at work is the USA Patriot Act. This
Act actually broadens the federal government's ability to monitor citizens at work and at home based
on the premise of seeking out terrorists. It grants the federal government the ability to access library,
financial, and employer related records of persons living and working in the United States.

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

EMail Privacy Rights In Business Essay
E–mail Privacy Rights In Business
I. Abstract
How far we have come in such a small time. When you think that the personal computer was
invented in the early 1980's and by the end of the millennium, several households have two PC's, it
is an astonishing growth rate. And, when you consider business, I can look around the office and see
that a lot of the cubicles contain more than one PC. It is astonishing to me that such an item has
taken control over the information technology arena like personal computers. Consider, however, the
items that go along with personal computers: printers; modems; telephone lines for your modem;
scanners; the software; online access; and lets not forget, e–mail addresses.
E–mail, or electronic ... Show more content on Helpwriting.net ...
Among these dangers is privacy, in particular, what legal rights corporations and employees have in
keeping their communications private. This paper will introduce the current legislation in this area,
the expectation of privacy an employee should have, any court decisions that provide additional
ruling, and what a corporation can do to prevent litigation in these matters.
II. Employees Expectation of Privacy in e–mail
As an e–mail systems manager, I was under the impression that since the company owns the
electronic messaging system, the company could view the contents of any employees e–mail
account at any time. I was only partially right. The explanation of the current law will describe this
in detail, but, the employee does have a certain right to privacy where e–mail is concerned.
Arguably, a company's most valuable asset is it's data. In the age of technological marvels, it is
easier to create more valuable data and, on the other hand, that data is more easily retrievable,
especially by persons not authorized to obtain the data. Employees of companies can expect a
certain right of privacy granted by three main sources: (1) The United States Constitution; (2)
Federal Statutes (The Electronic Communications Privacy Act of 1986); and (3) State Statutes
(many of which have not addressed the issue).
The United States Constitution provides a limited group of employees with privacy safeguards. The
safeguards are based

Essay on Right to Privacy
Absolute Power The right to privacy means controlling your own personal information and the
ability to allow or deny access to others. As Americans, we feel it's a right not a privilege to have
privacy. IT technology and the events of September 11, 2001 are diminishing that right, whether its
workplace privacy or personal privacy. From sending email, applying for a job, or even using the
telephone, Americans right to privacy is in danger. Personal and professional information is being
stored, link, transferred, shared, and even sold without your permission or knowledge. IT technology
has benefited mankind tremendously in so many areas, but its also comes with a price.
Advancements in technology make all individuals vulnerable to ... Show more content on
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The USA PATRIOT Act has similarities to the McCarthy Red Scare era and J. Edgar Hoover's reign
as FBI director. After September 11th, the United States was still in shock over the terrorist attacks.
It's completely understandable that Congress wanted to pass a bill to protect the welfare of the
country; but how the bill was passed with very little congressional debate shows the lack of
judgment used to realize the ramifications the act may cause in the future. The USA PATRIOT Act
infringes on every Americans fundamental right to privacy. The Bush Administration submitted
lawmaking proposals after the terrorist attacks. Congress was given one week by Attorney John
Ashcroft to pass the bill without changes. Democratic Senator Patrick Leahy (VT) convinced the
Justice Department to agree to some changes; but Attorney General Ashcroft warned if the bill was
not passed immediately and if changes were made Congress would be blamed for future terrorist
attacks. The bill passed without major changes or debate. The Act was signed into law on October
26, 2001. However, the proposal was not passed unanimously. One lone Senator named Russ
Feingold (D–WI) was the only senate member to object to the bill and voiced his concerns. Feingold
states that: The Administration's proposed bill contained vast new powers for law enforcement,
some drafted in haste and others that came from the FBI's wish list that

Keeping Memos For The State Of Texas
Although it can be hard at times, it is very important to read and keep memos given to you by
employers. Company's update their policies from time to time and you have to abide by the changes.
When I worked for the state of Texas we would receive multiple emails regarding policy changes
and or updates. I had to abide by the changes.
Privacy Rights Clearinghouse went over computer and workstation monitoring, email monitoring,
telephone monitoring, mobile device monitoring, audio and video monitoring, GPS tracking, postal
mail and social media monitoring. Employers are able to see what is on your screen, how much time
you spend away from your computer and how many keystrokes per hour each employer does.
Employers are able to discretely monitor employees with certain computer equipment. Employees
may not know they are being monitored. Employers can review email content. Even though the
message may have an option for marking an email as private, the company may still have access to
the email. You should assume that your work emails are not private. Even though you may delete
your emails, the company still has access to them also.
Employers have the ability to monitor and listen to your phone calls you have with your clients and
customers and they can obtain a record of the phone calls you make. If you wear a headset, your
conversations with your coworkers could be monitored. Employers could have apps on your mobile
device that monitors your text messages, email, location, web

Employee Rights in the Workplace
Abstract Our world of technological advances is growing day by day. So much so, in fact, that new
laws are created to help determine the legal responsibilities and actions to be taken if an incident
occurs. The advantages and disadvantages of monitoring and being monitored will be discussed.
Some of the laws that represent the employer and employee as well as why an employer would want
to monitor an employee will also are discussed. Although employee monitoring is beneficial to an
employer for a variety of reasons, it is better for an employer to leave an employees' private life
away from the workplace private.
Employee Privacy Rights in the Workplace
The Eye That Is Watching Employee monitoring ... Show more content on Helpwriting.net ...
(¶6) A second reason would be to track the amount of time an employee spends away from the
computer or how long the employees' computer is idle. (¶6).
If we, as employees put ourselves in the employer's shoes, we would want to know if our employees
were being productive for the job that they were hired to do. If someone were to perform a search on
the Internet for employee monitoring tools, he or she would find that the market is flooded with
these types of tools. In 1993, there were an estimated 27 million worldwide employees being
monitoring in the workplace and that number is still growing (¶8).
Advantages and Disadvantages of Monitoring Some of the advantages of employee monitoring are
that email use can be limited, viruses can be prevented from corrupting company computer systems,
inappropriate acts and uses of language can be intercepted before any harm is done, and companies
can stop leaks of proprietary information. Some of the disadvantages of employee monitoring are, as
stated earlier, an employees' feeling of lack of trust, a feeling of no privacy at work, and the
possibility of employers being sued by employees for fear that their privacy has been violated. One
type of violation that can occur happened to a Massachusetts college secretary while she was
changing clothes in a place she thought was safe. (Kitchen, 2006). She felt violated because her boss
never informed her that she was being videotaped.

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,

Employee Monitoring at Work
Employee monitoring at work
Outline:
Evolution of employee monitoring
Why do employers monitor their employees?
Workplace Privacy and Employee Monitoring
Types of employee monitoring ▪ New way of monitoring
Successful implementation of the monitoring system
The Law
Monitoring shouldn't go too far
My perspective conclusion Evolution of employee monitoring For many years, organizations have
engaged in many practices in order to monitor their employees for the intention of control and
compliance, employers also need to be sure that their staff are behaving properly because they are
liable for the actions of their employees. Employee monitoring is the act of watching and monitoring
employees' actions during working ... Show more content on Helpwriting.net ...
shopping and chatting. And almost one in five of the 576 employees questioned said that they are
receiving offensive e–mail per month from a co–worker. These are another reasons why the
employer considering to monitor their employee.
Techniques and practices of electronic monitoring range from recording and reviewing emails,
phone messages and internet browsing to tracking employee attendance, interactions with customers
and quality of work. Concerns about electronic monitoring fluctuate between issues of stress and
employee satisfaction, these resulting from performance and productivity practices and infringement
of privacy rights within the workplace as a consequence of surveillance and tracking of personal
communications at work. There is still a need, however, for privacy in the workplace. More than
ever before, high performance workplaces in the knowledge age need to provide workers with
opportunities for both privacy and interaction.
Workplace Privacy and Employee Monitoring As technology advances, so do the monitoring
possibilities in the workplace; as a result these possibilities will raise the privacy issue in the
workplace. Nowadays, employers can monitor and track many aspects of their employees ' jobs,
especially on telephones, computer terminals, through electronic and voice mail, and when
employees are using the

Privacy In Workplace
Telephone Usage (Lauren Sanders)
Telephone usage is a part of the technology that can affect the privacy in the workplace. The call
feature on telephones can cause privacy issues. Although it is illegal for anyone to listen or record
regular phone calls, the Electronic Communications Privacy Act excludes commonplace business
calls (Maltby, 2013). This means the employer can record or listen phone calls made about business.
Sometimes employers make employees sign forms to consent to phone calls being monitored.
Another exception to this act is if the employee has consented to be monitored (Mika, 2012).
There are limits to the Electronic Communications Privacy Act (Maltby, 2013). A business is
supposed to stop listening and hang up when the phone call becomes personal (Maltby, 2013). This
cannot be monitored to know if the business is actually following this protocol. Also, the courts rule
mainly in the favor of the employer with the Electronic Communications Privacy Act (Mika, 2012).
Privacy issues with phones do not just stop with calls.
Another issue surrounding privacy and phone usage deals with devices given to employer.
Sometimes employers give employees devices to use for the business. These devices may be able to
do a variety of different functions. Often times these devices can do more than the ... Show more
content on Helpwriting.net ...
Technology is growing and becoming more prevalent in the office today. Almost everything in the
office is done on some sort of technology, and using just paper copies is becoming obsolete. As an
employee, one needs to be aware he or she is probably being tracked while using company owned
devices. Also, employers need to be aware of what is legal to track. With both sides knowing what
can be tracked, it can make the workplace a more productive

Government Involvement Of Data Protection
Kelsey Eddins
Ms. Faris
English IV
16 May 2017
Government Involvement In Data Protection
The Director of National Security Administration (NSA) told congress that over fifty potential
terrorist attacks have been prevented by two government programs tracking cell phone calls and
internet data every day (Parkinson). Having government programs surveilling data, like the two
programs the NSA told congress about, can prevent many terrorist attacks from happening as well as
threats made on the United States. Although some people argue that it would be a violation of their
privacy, the government should have the authority to monitor internet activity and electronic
devices, in addition to having access to overseas chat rooms, in order to reduce ... Show more
content on Helpwriting.net ...
The rule requires safeguards that protects health information and individuals' privacy. The HIPAA
Security Rule establishes national standards that protect electronic health information (Restrictions
on Government Access to Health Information"). Every piece of personal health information
recorded on paper and online is protected by HIPAA. Along with the government, the U.S. Code
protects the confidentiality of all information and the Census Bureau's Privacy Principles help
ensure that your information is protected ("Data Protection and Privacy").
The Patient Safety and Quality Improvement Act (PSQIA) is another act that protects patient safety.
It provides federal privilege and confidentiality protections for patient safety information
("Restrictions on Government Access to Health Information"). It creates an environment where
providers can report and/or examine patient safety events without worrying about liability risks
("Restrictions on Government Access to Health Information"). This act protects patient safety and
also gives them an environment free of fear. The Provisions of the Federal Cybersecurity
Enhancement Act of 2015 requires the Secretary of Homeland to provide federal civilian agencies
their information technology systems with cybersecurity protection for internet traffic ("Data
Protection and Privacy"). Without these acts, there would not be any cyber security or
confidentiality protections on any safety information for patients.

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

We Must Regain Our Lost Civil Liberties Essay
With our nation's tragedy of September 11, 2001, arose a deeply shaken America, shocked by the
extent of the cruelty. An act of terrorism of that magnitude had never been seen before in our
country. Patriots quickly came together, supporting the president to pass legislation, known as the
USA Patriot Act, to tackle internal and external threats to this nation. The debate ensued, focused on
which types of surveillance technology should or shouldn't be allowed for arresting terrorists.
However, the question remains as to how these devices are going to be used, and how personally are
those who use them held accountable. The purpose of this paper is to confirm that the proposed
monitoring and archiving of users' information on ... Show more content on Helpwriting.net ...
One of the laws included in the Patriot Act is the Electronic Communications Privacy Act or ECPA.
The ECPA is used to monitor and retain information while intercepting "....email and other
electronic communications..." and specifies the government's access to this type of information (The
USA Patriot Act, 2005, p.4). One difference between the ECPA and other laws included in this Act is
probable cause. The ECPA does not mandate probable cause, thus posing serious privacy violations
with the use of trap and trace devices. According to Gerdes, in the book, "The Patriot Act," a trap
and trace device is described as "a device which captures the incoming electronic or other impulses
which identify the originating number of an instrument or device from which a wire or electronic
communication was transmitted" (Gerdes, 2005, p.119). The trap and trace information, which is
tailored to electronic communication, can only be relevant during court proceedings when an
attorney provides a judicial certification before the installation (The USA Patriot Act, 2005, p. 5).
According to the ACLU, the trap and trace devices monitor all electronic communication and to
perform this type of surveillance the government only needs to show probable cause (National
Security, n.d.). The issue of our privacy rights has definitely been influenced since 9/11, we have all
been affected and at the height of all the terror and fear, our absent civil liberties simply went
unnoticed.

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

The Internet And The Rights Of Private Citizens
The Internet and the Rights of Private Citizens
Good afternoon Ladies and Gentleman.
Today I would like to discuss a few of the laws that govern one of the world's greatest assets, the
Internet. It is the finest source of inspired, diverse, enabling and democratizing communication ever
to tie people across the globe together. Anyone with some simple computer equipment can
communicate their ideas to countless people at one time through what can truly be called the world
's first true "mass media." Serving as a tool for community organizing and citizen participation it
stimulates tolerance and encourages mutual consideration by joining people from all over the world.
It is multifaceted indispensible tool for freedom.
If free speech and ... Show more content on Helpwriting.net ...
The Communications Decency Act (CDA) was written to stop and or target online obscenity and
child pornography, however, these types of speech were previously illegal under other current
federal laws. According to the CDA it is a crime to send, display or view any content considered to
be that is considered "indecent" or "patently offensive." Problem arises in the useable definitions of
indecent and patently offensive. In the past, the CDA has banned and attempted to prosecute
constitutionally protected speech on the Internet on topics like sexuality, reproduction, civil liberties,
and human rights. There were multiple lawsuits and court cases after President Clinton signed this
bill into law in 1996. Various online communication users and providers from political, educational,
medical, artistic, and social value venues were all possible targets for prosecution under CDA. This
government censorship was unnecessary because there are already laws and filtering technologies in
place to protect children in schools and libraries. Parents also have access to screening and filtering
technology to protect their children if they choose to use them. Parents can also limit computer
access and be diligent about scrutinizing where their children go on the Internet. The CDA's law
banning indecent and patently offensive material is an

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

Essay On The Use Of Monitoring Techniques Used In The...
Khanh Huynh
Marcia Leath
ENGL 735
16/10/2017
The Use of Monitoring Devices at the Workplace
For the past decade, many companies have changed their way of using modern technologies.
Therefore, it has resulted in newer strategies to manage employees at the workplace. The increased
usage of surveillance and monitoring have caused concerns for both employees and employers.
These technologies should not be allowed at the workplace because it can create poor working
environment and violates ... Show more content on Helpwriting.net ...
Personal information and important data like bank accounts and e–mails are vulnerable with
monitoring devices placed everywhere.
Another reason is the stress monitoring employees in the workplace can cause. More than 12 million
people are monitored by electronic surveillance at work causing a sharp rise in stress levels,
according to a survey by the Policy Studies Institute (PSI). Moreover, overly intrusive monitoring
could decrease productivity and potentially cause exhaustion and feelings of anxiety. The Security
Director's Report adds that surveillance can undermine morale and cause employees to resent
management. It can foster discord and instead of bridging the existing gaps between management
and their employees, surveillance activities may bring in more skepticisms and gaps.
But some people argue that putting such devices in offices will increase the performance of
employees. For example, employees can be distracted by websites that are non–work related.
According to a Nielson Media Research study, employees allegedly logged into outlets such as
gaming websites and social media networks like Facebook or Twitter. Any kind of viruses or
malware could severely disrupt a business's day–to–day activities; this could become detrimental to
productivity and have a knock–on effect on profits. By monitoring employee internet use and
ensuring only business surfing is carried out this

The Right to Privacy via Electronic Transmissions Essay
The right to privacy, via electronic transmissions to include the internet, is an ever present issue that
does not and most likely will not ever have a solution that will not only satisfy the wants of citizens
but the security needs of the nation. When issues of privacy arise we refer to a non–evolving,
interpreted document called the Constitution written over two centuries ago. In order to maintain
national security, citizens must surrender some privacy for the good of the nation and themselves. If
privacy takes precedent over national security, then our nation becomes susceptible to attacks both
electronic and physical in nature. But if a fair and proper agreement between the need for privacy
and security can be reached, then it is ... Show more content on Helpwriting.net ...
The Framers wrote and established the Constitution to protect the citizens from any physical threat
within the nation. In reference to the right to privacy, the word privacy is never actually written in
the constitution. 1st, 3rd, 4th, 9th and 14th amendments have been interpreted to protect certain
privacies. The 1st amendment is the "privacy of beliefs". The 3rd amendment is the "privacy of the
home". The 4th amendment is the "privacy of the person and possessions". The 9th amendment is
the "general protection of privacy". The 14th amendment is the liberty clause, stating that states
cannot take away a citizen's life, liberty, or property without due process. These amendments in their
original form protect citizens from the states and the federal government, but through the evolution
of society and it's technologies we now also need protection against those outside of the United
States. The need to interpret how the constitution is to be applied to varying situations shows that
the constitution is in fact not a living document. Because it is not alive, it has not evolved or adapted
to the pressing needs of the nation. In 1890, the first wiretap occurred. A wiretap is the monitoring
of telephone or Internet conversation by a third party. In 1928, the Supreme Court decided that
wiretapping was constitutional because it cannot be considered a violation of the 4th amendment.
The 4th amendment protects citizens against unlawful search

National Security vs. the Right to Privacy Essay
Abstract: Electronic mail is quickly becoming the most prevalent method of communication in the
world. However, e–mail systems in corporate, institutional, and commercial environments are all
potential targets of monitoring, surveillance and ultimately, censorship.
Electronic mail is a phenomenon that has begun to pervade all aspects of our lives today. We use e–
mail in our personal lives, at our schools, at our jobs, and everywhere in between. However, very
few of us consider the fact that even though our e–mail is composed by the sender, and is intended
to be read only by the recipient, it actually passes through many hands in between. Transmitted e–
mail will often travel through up to 5 or 6 different servers on ... Show more content on
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Although Worthington has been violating the privacy of Silicon Techronics employees by reading
their e–mail, he is also exposing the fraudulent business practices inside Silicon Techronics that
would otherwise go unnoticed. Furthermore, Worthington was one of the first to know of John
Cramer's drinking problem, and was able to bring it to Michael Watterson's attention. Back in
reality, the Federal Bureau of Investigation cites that in addition to "terrorists, spies,
hackers,...dangerous criminals[,]" and child pornographers, Internet stock fraud costs investors
"approximately $10 billion per year (or nearly $1 million per hour)." (Federal Bureau of
Investigation, http://www.fbi.gov/pressrm/congress/congress00/kerr090600.htm) Thus,
conscientiously applied e–mail surveillance can produce ethically satisfying and morally sound
effects.
On the other hand, there are equally compelling arguments against the surveillance of e–mail. The
4th Amendment of the U.S. Constitution maintains that citizens shall never be subject to illegal
searches or seizures. However, the Supreme Court has not conclusively ruled whether or not the
surveillance of e–mail constitutes illegal search and seizure. Even so, the 4th Amendment was
clearly drafted with the intention of preventing authorities from having complete and unhindered
access to private property, and as people's information is their property, a court

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

Personal Privacy in the Information Age
Professor Kiehn English 302 3 October 2013 Personal Privacy in the Information Age Some of the
most contentious and recurrent argumentative dialogues regarding civil liberties stem from what
seems at face value, like a relatively elementary idea the notion of personal privacy. This debate
could never be more relevant than in present day society, where globalization and advanced
communications technologies have synergized to form a ubiquitous digital library of shared
information. The specific example of the delicate balance between personal privacy and national
security here in the United States has only further convoluted the issue the debate of whether and to
what caliber citizens have privacy rights is hotly contested. As technology ... Show more content on
Helpwriting.net ...
Approximately 6 in 10 individuals disapproved of the governments collection of U.S. citizens phone
records however around 75 of those polled agreed it was admissible to track the phone records of
citizens suspected of terrorist activity. In a poll conducted in April, shortly after the Boston
Marathon bombings, results showed only 20 of individuals believed the government had exceeded
the balance of intrusion and privacy, with 26 saying they hadnt done enough to maintain national
security, and approximately 44 saying their was an adequate balance. Furthermore, approximately 6
in 10 individuals were not particularly concerned with government collection of their phone records
and internet monitoring, with the other 4 being somewhat or very concerned (Kopicki). The results
from these polls suggest American opinion on the matter is correlated more to occurrence of
perceived terrorist threats, less so than concerns of personal privacy there is a new attitudinal
awareness, and perhaps reluctant acceptance, of the omnipresence of electronic surveillance.
Claiming an inherent right to privacy regarding electronic communications through constitutional
evidence necessitates examination of the legalese regarding such issues. There is no actual
constitutional amendment that is dedicated to specifically protecting citizens information privacy
rights regarding electronic media, with the Fourth

Privacy in the Workplace Essay
"Privacy. There seems to be no legal issue today that cuts so wide a swath through conflicts
confronting American society: from AIDS tests to wiretaps, polygraph test to computerized data
bases, the common denominator has been whether the right to privacy outweighs other concerns of
society..." This quote from Robert Ellis Smith explains, in one sentence, the absolute need to ensure
privacy in the workplace. One of the most interesting, yet controversial, areas concerning public
personnel is employee privacy. What limits are there to employers' intrusions into, and control over,
employees' behaviors and personal properties?
There are five major areas which trigger privacy matters in the area of public sector employment:
background ... Show more content on Helpwriting.net ...
Privacy also hinges on a respect for a person's inherent dignity. An employee can claim a protection
of his reputation and sense of self–worth against defamation, discrimination, or personal abuse. A
person also has the right to maintain his personal beliefs and convictions against coercion and
manipulation. Applied to the environment of public employment, this conception would prohibit any
employer from harassing individuals on the basis of their class or status, or their personal
characteristics. It would prohibit employers from shaming employees and causing emotional distress
in the process. It would prohibit an employer from breaching the confidentiality of an employee's
record or publicizing closed hearings concerning the employee. This is one area where an
employee's privacy interests may be violated in a technological environment by fellow employees
who may use bulletin boards to post embarrassing information or defamatory messages to be read
by others. This conception of privacy can also be extended to a claim against pervasive intrusion by
employers into employees' work activities. An employee may feel constant camera surveillance,
monitoring of phone calls and computer use, and an accounting for every minute of duty time
reflects an omnipresent, oppressive employer, who exhibits little trust and little

Privacy And Its Effect On Society
Everyone is entitled to a certain level of privacy in regards to their personal information. However,
there is the constant increase and enhancement in technology and the growing value of information
for use in decision making. Between these two facts, the definition of privacy becomes unclear and
allows people to gather information that one might deem confidential. Privacy has been manipulated
in efforts claiming that as long as it is beneficial in the long run to a wholesome amount of people
then it is allowed. There are multiple forces to maintain personal information and ensure everyone's
private data is not breached. Technology allows culture to evolve by creating solutions to problems
by removing constraints that exist. Every invention or concept is expanded on to create the utmost
perfect solution. Although this process can take decades, or even centuries, to actually develop a
proficient resolution, the end result is what advances society industrially. There are conflicting
views, however, if these advances are beneficially or maliciously affecting society (Coget). New
types of data such as your habits, whereabouts, and daily routines are just a handful of the things
that technology can now track. Samsung and Google are two of the large, renown companies that
have encountered legal issues by tracking such personal information. Samsung was investigated by
the US Federal Trade Commission (FTC) when the Electronic Privacy Information Center (EPIC)
had complaints

Ethical and Legal Dilemma in It
Ethical and Legal Dilemma in IT Nanette E. Armstrong Capella University TS5536 Ethical and
Legal Considerations in Information Technology 17 March 2012 Ethical and Legal Dilemma in IT
Based on the definition of cyberethics as given by Tavani, "the study of moral, legal, and social
issues involving cybertechnology" (2010, pg. 3), law is usually/always a part of cyberethics to one
degree or another. Being right or wrong based on society's value builds the fundamentals of ethics.
Moral principles make up ethics. Values are maintained based on the law, which in turn encourages
us to uphold the laws based on those principles. There are at times when something may be
unethical but may still uphold the law and the values are not ... Show more content on
Helpwriting.net ...
These primary core values will be the bedrock in which to stand and guide for future student record
developments. Legal and ethical values in IT must be without reservation. When it comes to dealing
with student records and how they are dealt with on a day–to–day process, from requesting and
sending to/from district to district to reporting to the state/federal levels to storing and retrieving
them on the network they have to be taking seriously enough to outweigh the human justifications,
weaknesses, egos, and faults. These primary core values will be the bedrock in which to stand and
guide for future student record developments. "An ethical framework is a way of structuring your
deliberation [discussion] about ethical questions," according to the Center for Ethical Deliberation
(Frameworks, 2007). The impact of ethics on technology applications in the schools is decreasing as
information is being passed through the portals without regards to implications on the students'
future. Within the student information systems that are used in the schools employees are becoming
careless with students' data. "The Family Educational Rights and Privacy Act (FERPA) is a federal
law that protects the privacy interests of students" (National Forum on Education Statistics, 2006,
Pg. 2). Employees of the

Essay about The Privacy of E-Mail
The Privacy of E–Mail
Today the Internet is being used more and more frequently, and the question of e–mail privacy is
becoming more and more of an issue in society. Many people today, both at work and at home, are
using e–mail to keep in touch with their friends, family, and their co–workers. Sometimes the
information that is contained in these messages is private and confidential, neither the sender nor the
receiver wish any one else to be privy to what is contained in these messages. What happens if that
very private piece of mail is intercepted and read by those whom it is not meant for? For some
people it might only be a slight problem, but for others it could cause some serious problems. It also
brings up the issue of who ... Show more content on Helpwriting.net ...
It would be very difficult to prove that someone intercepted a message that was not meant for them
and read it. Another problem that comes with this act is that it does not protect the person from
having their e–mail read by an "inside source". An inside source would include, their boss or another
member of the company that they are working for, so someone in that position could reasonably
read their e–mail without having to worry about reprimands form the company. Courts have ruled
that e–mail sent via an office system is only private if the sender has a "reasonable expectation" of
privacy when they send it. Again this can be pretty vague about what a persons "reasonable
expectation" of privacy for their e–mail means. What "reasonable expectation" means for one person
may be very different for another, creating quite a problem in the company about what "reasonable
expectation" is. Many companies now have policies for their employee e–mail that states that it is
not a good idea for a person to send private e–mail through the companies system. It is also a know
fact that if the company owns the system that the e–mail is being sent through then they have the
right to inspect and to read what is being sent. If a person wishes to avoid prying eyes they might
wish to have an old fashioned face to face conversation when discussing something that is private.
Some people today are

Privacy In The Workplace Essay
Privacy in the Workplace
Introduction
Technology has developed in leaps and bounds over the past few decades. The case is that the law
always has difficulty keeping pace with new issues and technology and the few laws that are enacted
are usually very general and obsucre. The main topic of this paper is to address the effect of
technology on privacy in the workplace. We have to have an understanding of privacy before trying
to protect it. Based on the Gift of Fire, privacy has three pieces: freedom from intrusion, control of
information about one's self, and freedom from surveillance.1 People's rights has always been
protected by the constitution such as the Fourth Amendment, which protects people from
"unreasonable searches and ... Show more content on Helpwriting.net ...
Company's can monitor almost every type of communication that an employee makes and there are
very few laws which protect the employee.
One of the few laws which have an affect on the technological medium is the Electronic
Communications Privacy Act of 1986 (ECPA).8 The ECPA prohibits the interception of email by
unauthorized individuals or individuals working for a government entity, acting without proper
warrant.9 ECPA is concerned with people who are not authorized to have access to this information
and it wants to keep companyies from trying to intercept valuable information of other companies,
but it does not have any specific prohibition for an employer to monitor the e–mail of employees.10
With technologies such as email, voice mail, telephones, and computers the employer has a lot of
leeway. Employers can monitor their employees' communications, within reasonable limits.11 When
dealing specifically with phone calls the law generally sides with companies, since it is there
equipment and should be used generally for business purposes. 12 If a company doesn't have stated
policy about phone monitoring then an employee should assumed that it being monitored, because
very few states have laws about phone monitoring except for California.13 California states that if a
person calls into the company then the customer must be notified that the phone calls are being
monitored by playing a message

The Pros And Cons Of The Internet
The internet has only been around since the 1950s, but it was only used by the government during
the Cold War in fear of Russia destroying the telephone system. The "internet" that is known today
has been around since 1991 when a computer programmer invented the World Wide Web. The
internet allows access to countless information, but can also pose a privacy concern for the people
that use it. When the founding fathers wrote the Fourth Amendment to the Constitution, they
probably did not fathom something like the internet. Due to this, the government today may have
some difficulty passing laws protecting the privacy of those who use the internet. On top of that, it
may be difficult to enforce these laws because the internet is so vast, and the government could
violate the privacy laws they put in place to enforce them. The internet creates privacy concerns, and
the government is challenged to solve these as the internet becomes more complex.
Congress has only been introduced with this issue in the past 50 years or so. This means a lot of
people in Congress today could have been alive before the Internet was widely used, as it is now.
This can create issues in what laws are passed because these people are used to how it was before
the internet. What doesn't help with this is that a lot of members keep getting reelected and this
further deepens the gap between the "technology savvy" and the not so much. An example of this is
a House of Representatives member named Virginia

Case Of 1928-Olmstead V. United States
1928– Olmstead v.United States Supreme court rules federal investigators can wiretap into suspects
phones legally, and use those conversations as evidence. Roy Olmstead, a suspected bootlegger, was
bugged in the basement of his office, and also in the streets surrounding his home. He was later
convicted based on that evidence. An appeal was raised on the grounds that the wiretapped data
violated the defendant 's Fourth and Fifth Amendment. It was decided that the wiretapped data did
not violate the Fifth Amendment, because he was not forced to say anything incriminating, and did
not violate the Fourth Amendment because wiretapping is not considered search and seizure (which
would require a physical search of a person's belongings or possessions.) This event is important
because it decided that wiretapping was legal and did not infringe on the Fourth or Fifth Amendment
rights of criminals, effectively allowing wiretapping to be used in investigation and trial as evidence.
In addition, it defined your Fourth Amendment rights to only apply to physical materials or
properties of yours, not conversations or other non tangible things, and said that since wiretapped
individuals were not forced to discuss incriminating information, the Fifth Amendment protection
against self–incrimination did not apply. It set a major precedent that would stand for nearly forty
years, when it was overturned in Katz v. United States. 1945– The predecessor to the NSA receives
copies of every

Essay on Cyber Intelligence Sharing and Protection Act
The Stop Online Piracy Act was proposed in January of 2012. SOPA was a legislative act that
attempted to prevent piracy through DNS blocking and censorship. The legislation caused the
protest and blackout of multiple online internet services including Reddit, 4Chan, Google,
Wikipedia, Mozilla, and Tumblr. Now, internet users are faced with another possible challenge
called the Cyber Intelligence Sharing and Protection Act, or CISPA. CISPA was quickly passed by
the House of Representatives on April 26th, 2012, and is now being processed through the Senate
(Beadon). CISPA's purpose is to promote national cybersecurity through allowing private companies
and the federal government to exchange users' private information, including emails and ... Show
more content on Helpwriting.net ...
The Wiretap Act prohibits the government from intentional interception, use, or disclosure of wire
and electronic communications without a warrant. Similarly, the Electronic Communications
Privacy Act protects wire, oral, and electronic communications while in transit (Franklin). Some
may wonder how the government is able to override such laws that come to make America what it is
today, a nation noted for its religious and intellectual freedom, and the answer is national security.
Anything is possible in order to increase national security and eliminate any threats.
Not to mention that as long as participants of CISPA exchange information with good intentions,
they will not be held to any criminal or civil liabilities and become one hundred percent anonymous
in the process (PopVox). This may incentivize private companies to release users' information
without a thought regarding the authenticity of the threat due to convenience. After information is
shared with the federal government, the data is stored and is able to be used for any purpose beyond
preserving the national security. Some usages include immigration and crime. At the same time,
users are also not required to be notified by either the private company or the government when
their information is exchanged. Due to such concerns, many activist websites that opposed SOPA,
including DemandProgress.org and Avaaz.org, are also attempting to

Legal and Ethical Aspects of Electronic Monitoring and...
mANAGEMENT 350: hUMAN RESOURCE mANAGEMENT | "Legal and Ethical Aspects of
Electronic Monitoring and Surveillance of Employees" | | By: Chakana Moore, Patricia Davis, Eric
Luken, Michelle Dailey, Jeffrey Webb | |
11/21/2011
Electronic Monitoring and Surveillance
Human Resource Management
Research Project November 21, 2011
Legal and Ethical Aspects of Electronic Monitoring and Surveillance of Employees
Introduction
Workplace monitoring has been a point of discussion within businesses as Human Resource
Management feels that there is a need to watch their employees and how they conduct themselves at
all times during the work day. Unless a government employee, employees are subject to any
monitoring the employer ... Show more content on Helpwriting.net ...
Last exception is the "consent". "Consent" exception applies to even when the sender of the
intercepted communication has been assured that all email communications would remain
confidential and privileged. In Smyth v The Pillsbury Company, Smyth sent emails to his supervisor
that contained unprofessional comments from his home computer. Because his supervisor gave
consent to the company to intercept the emails and the emails were later retrieved by the courts,
Smyth was terminated and was not able to be protected under the consent exception. A second
commonplace monitoring method used by employers is internet tracking. Internet tracking can be
used to visit non–work websites like Facebook and Yahoo accounts. Statistics show over 90% of
employees admits to visiting other websites doing work hours. About 76% of firms monitor internet
use. This can help companies prevent employees from going to inappropriate sites which could
possibly create legal issues. For instance, a New Jersey case contained a log that showed one
employee accessing porn websites. This activity caused an employee to be arrested due to repeatedly
logging on that site when told by his supervisor to stop. Also, this type of activity draws attention to
companies and causes law enforcement to get involved and companies can be charged with aiding
and abetting legal behavior if found with evidence. A third form of employee

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 Electronic Communication Privacy Act, 1986

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