Term Paper on "Analysis of the Electronic Privacy Control Act"
Term Paper 4 pages (1289 words) Sources: 4
[EXCERPT] . . . .
Government violations may lead to disciplinary action against the officials involved.Title III is the Pen-Register and Trap and Trace Devices prohibitions. Sources of incoming calls are identified by trap and trace devices while numbers that are called from a particular instrument are captured on a pen register. This was expanded in scope by the U.S.A. Patriot Act to include communication via email and other electronic communications. The installation of these devices are prohibited other than under special situations including a court order authorizing them under the provisions of the Patriot Act; or a court order exists authorizing a Foreign Intelligence Surveillance Act (FISA); consent of a user exists; it is incidental to the service; it is necessary to protect users and or providers from abuse of the service; and in cases of emergencies. The consequences for violating this act include more than a one year imprisonment, or the imposition of a fine not exceeding $100,000 for individuals and $200,000 for organizations.
Amendments to Original Act
For accessing communications such as emails that are stored with third party providers, a search warrant must be obtained by the government entities under the Electronics Communications Privacy Act Amendments of 2013 (Press Release -- Press Releases -- Press -- U.S. Senator Patrick Leahy of Vermont). Under the new amendments, the government is required to notify the people whose communications have been disclosed not more than ten days after they gain a search warrant. Other Acts that have resulted on the amendment of the ECPA of 186 include the Communications Assistance to Law Enforcement (1994), the U.S.A.
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Rationale behind Creation
In the early history of America, common law eavesdropping was prohibited even though there was negligible prosecution on the same. It proscribed the acts of "eavesdroppers, or listen under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales." It ceased to be mentioned by the nineteenth century. The law was enforced strongly when the telegraph was invented and new forms of this eavesdropping emerged in form of indiscretions by the operators of telephones and telegraphs as well as the emergence of wiretapping. Wiretapping was prohibited by the Federal Communications Act though it did not prohibit the secret recording and transfer of conversations by the use of machines (Doyle, 2012). For this reason the cases of surreptitious recordings were decided on the grounds of the Fourth Amendment.
The Fourth Amendment has a requirement for a warrant in cases of wiretapping as well as electronic eavesdropping. Several states provided a statutory system by which officers of the law can gain a court order or warrant by which they can abide by the constitutional requirements when they must use wiretapping as well as several other kinds of electronic spying as they carry out their duties. Some of these statutory systems have been rejected by the court as was done in the case of Berger v. New York.
Electronic Privacy Control Act 4
References
Doyle, C. (2012, October 9). Federation of American Scientists -. Privacy: An Overview of the Electronic Communications Privacy Act. Retrieved November 9, 2015, from http://fas.org/sgp/crs/misc/R41733.pdf
EPIC - Electronic Privacy Information Center. (n.d.) in EPIC - Electronic Communications Privacy Act (ECPA). Retrieved November 9, 2015, from http://epic.org/privacy/ecpa/
Justice Information Sharing. (n.d.)., Electronic Communications Privacy Act of 1986. Retrieved November 8, 2015, from http://it.ojp.gov/PrivacyLiberty/authorities/statutes/1285
(2013, March 19). U.S. Senator Patrick Leahy of Vermont. Press Release -- Press Releases -- Press -- U.S. Senator Patrick Leahy of Vermont. Retrieved November 9, 2015, from http://www.leahy.senate.gov/press/leahy-lee-introduce-legislation-to-update-electronic-communications-privacy-act
Koo, J. (2014). Surveillance Art & Law: Conversnitch, an eavesdropping, livetweeting lamp. Retrieved from: http://thewla.org/surveillance-art-law-conversnitch-an-eavesdropping-livetweeting-lamp/
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How to Reference "Analysis of the Electronic Privacy Control Act" Term Paper in a Bibliography
“Analysis of the Electronic Privacy Control Act.” A1-TermPaper.com, 2015, https://www.a1-termpaper.com/topics/essay/looking-electronic-privacy-control/5517553. Accessed 5 Oct 2024.
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