Legal Acts and Regulations Flashcards

Foreign Corrupt Practices Act (FCPA)

• Definition: Criminalizes bribery of foreign officials, political party officials, and political candidates.
• Key Concept: Not permitted to bribe foreign officials.

Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act

• Regulation: Addresses legal spam practices.
  • Must provide accurate sender address.
  • Requires labeling as advertisement.
  • Must include an option to opt-out.

American Recovery and Reinvestment Act

• Purpose: Aims to enhance security for electronic health records.
  • Bans sale of health information.
  • Promotes audit trails and encryption.
  • Ensures patient access rights.

Children's Online Privacy Protection Act (COPPA)

• Purpose: Empowers parents to control personal information regarding their children.

Communications Assistance for Law Enforcement Act (CALEA)

• Amendment: Enhances legal provisions for electronic surveillance.
  • Requires telecommunications products to facilitate eavesdropping by federal investigators.
  • Necessitates court orders for access.

Electronic Communications Privacy Act (ECPA)

• Key Areas: Focuses on communication protections.
  • Ensures safeguards during transfer from sender to receiver.
  • Protects stored communications.
  • Prohibits unauthorized recording of call information without a warrant.

European Union Data Protection Directive

• Requirement for Companies: Enforces privacy guidelines for operations within the EU.

Fair and Accurate Credit Transactions Act

• Amendment: Enhances consumer rights concerning credit reports.
  • Allows one free credit report annually from major credit bureaus.

Fair Credit Reporting Act

• Focus: Regulates credit bureau operations and data handling.

Family Educational Rights and Privacy Act (FERPA)

• Provision: Grants parents specific rights over their children’s educational records.

Foreign Intelligence Surveillance Act (FISA) Court

• Nature: Secret court to authorize electronic surveillance of foreign communications.

Foreign Intelligence Surveillance Act (FISA)

• Function: Provides rules for collecting foreign intelligence data.

Foreign Intelligence Surveillance Act of 1978 Amendments of Act of 2008

• Amendment Purpose: Empowers NSA to gather international communications without a warrant.

Freedom of Information Act

• Right Granted: Citizens can request access to government-held information.

Gramm-Leach-Bliley Act (GLBA)

• Requirement: Financial institutions must disclose information-sharing practices and ensure data security.

Health Insurance Portability and Accountability Act (HIPAA)

• Goals: Ensures continuity of health insurance coverage and safeguards against fraud.

National Security Letter (NSL)

• Impact: Allows the government to demand personal records without judicial review.

NSL Gag Provision

• Restriction: Prevents NSL recipients from informing anyone about the request.

PATRIOT Sunsets Extension Act of 2011

• Extension: Continues provisions of the USA PATRIOT Act, including wiretaps and record searches.

Privacy Act

• Code of Practices: Establishes rules for the management of personal data by federal agencies.

Right to Financial Privacy Act

• Protection: Shields financial records from unwarranted examination.

Title III of the Omnibus Crime Control and Safe Streets Act

• Regulation: Governs the interception of communications; known as the Wiretap Act.

USA Freedom Act

• Change: Halts NSA's bulk collection of telephone metadata.

USA PATRIOT Act

• Overview: Expands law enforcement powers regarding the access to various personal records.

Wiretap Act

• Function: Governs wire and oral communication interceptions; also referred to as Title III.

Anti-SLAPP Laws

• Purpose: Protect against Strategic Lawsuits Against Public Participation (SLAPP).

Child Online Protection Act (COPA)

• Overview: Intended to restrict minors' access to harmful material online, but declared unconstitutional.

Children's Internet Protection Act (CIPA)

• Requirement: Mandates internet safety technology in federally funded schools and libraries.

Communications Decency Act

• Objective: Aims to protect minors from online pornography; includes severe penalties for violations.

Digital Millennium Copyright Act (DMCA)

• Scope: Addresses copyright issues; limits liability for ISPs regarding user content.

Section 230 of the Communications Decency Act (CDA)

• Immunity Provision: Protects ISPs from liability for user-generated content, provided they don’t act as content providers.

Strategic Lawsuit against Public Participation (SLAPP)

• Definition: Lawsuits aimed at silencing critics through legal intimidation.

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

• Mandate: Obligates governments to enforce intellectual property rights vigorously.

Defend Trade Secrets Act of 2016

• Amendment: Establishes civil remedies for trade secret misappropriation.

Economic Espionage Act of 1996

• Goal: Aids law enforcement in prosecuting theft of trade secrets; imposes stiff penalties.

Fair Use Doctrine

• Conditions: Allows limited use of copyrighted material based on factors such as purpose and effect on market value.

Leahy-Smith American Invents Act

• Change in Patent Law: Shifts to a “first to file” system for patent applications.

Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act 2008

• Creation: Establishes an Intellectual Property Enforcement Coordinator.

Uniform Trade Secrets Act

• Purpose: Standardizes trade secret laws across the United States.

Health Information Technology for Economic and Clinical Health Act (HITECH)

• Incentive Program: Promotes healthcare providers to adopt electronic health records through reimbursements.

International Standard on Assurance Engagement (ISAE) No. 3402

• Regulation: Provides international guidelines for audit reports.

SSAE No. 16 Audit Report

• Standard: Assures effectiveness of internal controls relative to outsourcing firms under Sarbanes-Oxley Act.