D333 Ethics in Technology Laws and Acts

Page 1: Laws and Acts Overview

Foreign Corrupt Practices Act (FCPA)

• Definition: Criminalizes bribery of foreign officials, political party officials, or candidates.

• Key Points:

  • Prohibits bribing foreign officials.

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

• Definition: Regulates unsolicited commercial emails (spam).

• Key Points:

  • Must not hide behind false return addresses.

  • Required to include an advertisement label.

  • Must provide an opt-out option for recipients.

American Recovery and Reinvestment Act

• Definition: Enforces security measures for electronic health records.

• Key Points:

  • Bans sale of health information.

  • Promotes audit trails and encryption.

  • Grants patients rights to access their health information.

Children's Online Privacy Protection Act (COPPA)

• Definition: Aims to protect children's personal information online.

• Key Points:

  • Gives parents control over the collection and use of their children's data.

Communications Assistance for Law Enforcement Act (CALEA)

• Definition: Mandates telecommunications to build surveillance tools.

• Key Points:

  • Requires a court order for surveillance.

  • Provides law enforcement access to telecommunications.

Electronic Communications Privacy Act (ECPA)

• Definition: Protects communication transfer and storage.

• Key Points:

  • Guards against recording without a warrant.

European Union Data Protection Directive

• Definition: Imposes privacy standards on companies operating in the EU.

• Key Points:

  • Requires companies to follow fair use of information.

Fair and Accurate Credit Transactions Act

• Definition: Amends the Fair Credit Reporting Act.

• Key Points:

  • Provides consumers with one free credit report annually.

Fair Credit Reporting Act

• Definition: Regulates credit bureau operations.

• Key Points:

  • Sets standards for collection and use of credit information.

Family Educational Rights and Privacy Act (FERPA)

• Definition: Protects the privacy of student education records.

• Key Points:

  • Grants parental rights over children's educational records.

Foreign Intelligence Surveillance Act (FISA)

• Definition: Outlines electronic surveillance procedures for foreign intelligence.

• Key Points:

  • Governs spying on foreign agents and powers.

Freedom of Information Act

• Definition: Allows public access to federal, state, and local government records.

• Key Points:

  • Citizens can request government information.

Gramm-Leach-Bliley Act (GLBA)

• Definition: Requires financial institutions to explain data-sharing policies.

• Key Points:

  • Mandates safeguarding of sensitive data.

Health Insurance Portability and Accountability Act (HIPAA)

• Definition: Aims to improve health insurance accessibility and security.

• Key Points:

  • Reduces fraud and simplifies health insurance administration.

National Security Letter (NSL)

• Definition: Compels disclosure of personal records to the government.

• Key Points:

  • Not subject to judicial oversight.

NSL Gag Provision

• Definition: Prevents NSL recipients from disclosing the request.

• Key Points:

  • Ensures secrecy around government information requests.

PATRIOT Sunsets Extension Act of 2011

• Definition: Extends provisions of the USA PATRIOT Act.

• Key Points:

  • Allows roving wiretaps and business records searches.

Privacy Act

• Definition: Regulates how federal agencies handle personal data.

• Key Points:

  • Sets rules for data collection, use, and dissemination.

Page 2: Additional Laws and Regulations Overview

Right to Financial Privacy Act

• Definition: Protects financial institution customers from unauthorized access.

• Key Points:

  • Prevents government spying on financial records.

Title III of the Omnibus Crime Control and Safe Streets Act

• Definition: Also known as the Wiretap Act.

• Key Points:

  • Regulates wire and oral communication interception.

USA Freedom Act

• Definition: Ends bulk collection of telephone metadata by NSA.

• Key Points:

  • Stops NSA from hoovering up data.

USA PATRIOT Act

• Definition: Expands powers of law enforcement and intelligence.

• Key Points:

  • Increases ability to search personal records across various domains.

Wiretap Act

• Definition: Sets rules for spying on communications.

• Key Points:

  • Governs interception of oral and wire communications.

Anti-SLAPP Laws

• Definition: Aims to prevent fraudulent Strategic Lawsuits Against Public Participation (SLAPP).

• Key Points:

  • Protects individuals from abusive lawsuits meant to intimidate.

Child Online Protection Act (COPA)

• Definition: Prohibited access to harmful material for minors.

• Key Points:

  • Ruled unconstitutional due to free speech concerns.

Children's Internet Protection Act (CIPA)

• Definition: Requires protection technology in federally funded schools and libraries.

• Key Points:

  • Mandates use of internet filters to block inappropriate content.

Communications Decency Act

• Definition: Protects children from online pornography.

• Key Points:

  • Imposes severe penalties for indecent transmission over the internet.

Digital Millennium Copyright Act (DMCA)

• Definition: Addresses copyright issues for Internet Service Providers (ISPs).

• Key Points:

  • Limits ISP liability for copyright infringement.

Section 230 of the Communications Decency Act (CDA)

• Definition: Provides immunity to ISPs for user-generated content.

• Key Points:

  • ISPs are not liable if they don't curate the content.

Strategic Lawsuit against Public Participation (SLAPP)

• Definition: Lawsuits targeting citizens and groups opposing corporations.

• Key Points:

  • Intimidation tactic to suppress dissent.

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

• Definition: WTO agreement enforcing intellectual property rights.

• Key Points:

  • Mandates countries to ensure IP laws have strong enforcement measures.

Defend Trade Secrets Act of 2016

• Definition: Civil remedy for trade secret misappropriation.

• Key Points:

  • Enhances legal protections for trade secrets.

Economic Espionage Act of 1996

• Definition: Targets economic espionage and theft of trade secrets.

• Key Points:

  • Imposes severe penalties for infractions.

Fair Use Doctrine

• Definition: Allows limited use of copyrighted material under specific conditions.

• Key Points:

  • Considers purpose, nature, amount used, and effect on original work.

Leahy-Smith America Invents Act

• Definition: Changes patent award system to first-to-file.

• Key Points:

  • Primarily awards patents to the first applicant.

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

• Definition: Established enforcement coordinator for IP issues.

• Key Points:

  • Strengthened trademark and copyright enforcement measures.

Uniform Trade Secrets Act

• Definition: Standardizes trade secret laws in the U.S.

• Key Points:

  • Provides a uniform legal framework for trade secret protection.

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

• Definition: Incentivizes the adoption of electronic health records.

• Key Points:

  • Provides reimbursement for meaningful use of EHR technology.

SSAE No. 16 Audit Report

• Definition: Establishes controls for outsourcing firms.

• Key Points:

  • Demonstrates compliance with Sarbanes-Oxley Act.