CPSC 315 Court Cases / Laws

Olmstead v. US (1928)

Supreme Court ruled that wiretapping without a warrant was constitutional (interpreting 4th Amendment narrowly)

Nardone v. US (1939)

Reversal of Olmstead, ruled that warrantless wiretapping is not legal

Katz v. US (1967)

Established that the 4th Amendment protects people, not places. Bugs/microphones require a search warrant

FCC v. Pacifica Foundation (1978)

Ruled the FCC can regulate "filthy words" on radio because broadcast media is "uniquely pervasive" and accessible to children

Jeremy Jaynes Case

Conviction for "felony spam" overturned because the VA law violated the First Amendment

FBI v. Apple (San Bernardino Case)

FBI demanded Apple unlock a terrorist's iPhone, but Apple refused to create a "backdoor." DOJ withdrew suit after finding a 3rd party to unlock it

ProCD v. Zeidenberg / Mortenson v. Timberline

Court cases that generally enforce "shrinkwrap" and "click-wrap" software licenses (limiting liability to the cost of the software)

Brandon Mayfield Case

Lawyer wrongly detained by the FBI for the Madrid bombings due to a partial fingerprint match (data failure), settled for $2 million

Lori Drew Case (Megan Meier)

Neighbor created a fake persona to bully a teen, acquitted of CFAA charges

Sexting Cases (Jesse Logan, Phillip Alpert, Ting-Yi Oei)

Various legal outcomes involving minors, nude photos, and child pornography charges affecting teens and school administrators

CIPA (Child Internet Protection Act)

Requires libraries receiving federal funds to use web filters (ruled Constitutional)

FISA (Foreign Intelligence Surveillance Act)

Oversees surveillance of foreign agents, allows up to 1 year of surveillance without a court order for foreign nationals

USA PATRIOT Act (2001)

Expanded government authority to monitor communications, regulate banks, and use National Security Letters (NSLs) without warrants

USA Freedom Act (2015)

Ended the bulk collection of telephone metadata

Privacy Act of 1974

Regulates government databases (citizens can see/correct records), but the NCIC (FBI crime DB) is exempt

Video Privacy Protection Act (1988)

Passed after Robert Bork’s rental history was leaked, protects video rental history

CFAA (Computer Fraud and Abuse Act)

Criminalizes unauthorized computer access, spreading damaging code, and trafficking passwords

ECPA (Electronic Communications Privacy Act)

Illegal to intercept data/email or access stored email without authorization. Also regulates "pen registers"

Employee Polygraph Protection Act (1988)

Prohibits private employers from using lie detectors (exempts gov/security/pharma)

GINA (Genetic Information Nondiscrimination Act)

Prohibits health insurers and employers from discriminating based on genetic info

California Prop 22 (2020)

State law ruling gig workers (Uber/Lyft) are independent contractors, not employees

COPPA (Children’s Online Privacy Protection Act)

Requires parental consent to collect data from kids under 12

FERPA

Protects the privacy of student education records

HIPAA

Limits release of medical info without authorization

FOIA (Freedom of Information Act)

Allows public access to executive branch records (with exceptions for national security)

FCRA (Fair Credit Reporting Act)

Regulates credit bureaus, negative info stays for 7 years, bankruptcy for 10

FACTA

Guarantees one free credit report per year

REAL ID Act (2005)

Sets strict standards for driver's licenses (required for domestic flights)

HAVA (Help America Vote Act)

Provided funding for electronic voting machines (DREs) after the 2000 election

Open Internet Order (2015)

FCC (Obama era) enforced Net Neutrality

Restoring Internet Freedom Order (2017)

FCC (Trump era) repealed Net Neutrality