Download or read book Stored Communications Act written by Richard M. Thompson (II) and published by . This book was released on 2015 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stored Communications Act written by Thompson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Electronic Communications Privacy Act Reform written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2010 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Electronic Communications Privacy Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2011 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Overview of Governmental Action under the Stored Communications Act written by Balser and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Stored Communications Act and Digital Assets written by David Horton and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story has become all too familiar. Someone dies, and her loved ones request the contents of her text, email, or social media accounts. Perhaps they wish to preserve this vibrant electronic slice of the decedent's life. Perhaps they are compelled in their grieving to sift through the minutiae of the decedent's final days. Or perhaps they are merely trying to fulfill their duty as trustee, executor, or administrator to pay the decedent's bills and inventory her property. However, the decedent's Internet Service Provider (“ISP”) -- be it Facebook, Yahoo!, or Microsoft -- refuses to comply. As Naomi Cahn explains in her outstanding contribution to the Vanderbilt Law Review's Symposium on the Role of Federal Law in Private Wealth Transfer, these ISPs are afraid of a byzantine federal statute from 1986: the Stored Communications Act (“SCA”). Section 2701 of the SCA criminalizes unauthorized access to electronic communications: a seemingly nasty glitch for fiduciaries attempting to marshal a decedent's digital assets. Section 2702 bars ISPs from disclosing a customer's private data without her “lawful consent.” Citing the fact that the SCA predates the rise of email -- let alone the phenomenon of a valuable Twitter account -- Professor Cahn argues that the statute should not govern fiduciaries. Alternatively, assuming that the SCA does apply, Professor Cahn discusses various ways around this obstacle, including the Uniform Law Commission's draft Fiduciary Access to Digital Assets Act (“FADA”), which would clarify that fiduciaries generally enjoy the “authorization”' and “lawful consent” necessary to acquire a decedent's online accounts. This short invited reply takes a different route to the same destination. It begins by offering a reading of the SCA that diverges slightly from Professor Cahn's. However, it uses that discussion to echo her critique of the SCA and bolster the case for the FADA.
Download or read book The Electronic Communications Privacy Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2011 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitrary and Outdated written by Mitchol Dunham and published by . This book was released on 2018 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2018, the Supreme Court of the United States had the opportunity to revisit the Stored Communications Act and decide the question of whether the Act could be applied extraterritorially. Instead of answering the question directly, the Court left the question for Congress to decide. Congress took this opportunity and passed the CLOUD Act, legislation that acts more as a temporary fix instead of addressing the real issue: the Stored Communications Act no longer properly accommodates modern technology. This article begins with a reading of the Stored Communications Act, describing the limits of law enforcement's ability to obtain a warrant, including the seemingly arbitrary decisions that Congress made with respect to certain kinds of data. The article then analyzes the issue that Congress addressed through the CLOUD Act and how the paradigm shifted for extraterritorial data before turning to a different example of where the Stored Communications Act falls short: distributed storage technology. The article provides a detailed examination of how this technology works and why it does not fit within the CLOUD Act paradigm. Finally, the article concludes that the Stored Communications Act cannot be fixed through patchwork legislation; instead, the entire Act needs to be reformed to accommodate current and emerging technology. The article recognizes that although there are two diametrically opposed approaches that Congress can take, a privacy-first approach is preferable and better supported both historically and when examining society's utilization of the internet.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Privacy an Overview of the Electronic Communications Privacy Act written by Charles Doyle and published by Createspace Independent Pub. This book was released on 2012-11-21 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.
Download or read book Electronic Communications Privacy Act ECPA written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, Homeland Security, and Investigations and published by . This book was released on 2013 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compilation of the Communications Act of 1934 and Related Provisions of Law written by United States and published by . This book was released on 1988 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations written by Orin S. Kerr and published by . This book was released on 2001 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy Protections for Personal Information Online written by Gina Stevens and published by DIANE Publishing. This book was released on 2011-08 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no comprehensive federal privacy statute that protects personal info. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal info. and has been addressed by Congress on a sector-by-sector basis. Some contend that this is insufficient to meet the demands of today¿s technology. Contents of this report: (1) Background; (2) Federal Legal Framework for the Privacy of Online Personal Info.: Constitutional Protections; Statutory Protections; (3) The Federal Trade Comm. (FTC): FTC Enforcement Actions Concerning the Privacy of Personal Info.; (4) Recent Policy Initiatives; (5) Electronic Communications Privacy Act Reform. This is a print on demand report.
Download or read book Neither a Customer Nor a Subscriber Be written by Nathaniel Jurist Gleicher and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stored Communications Act (SCA) was passed in 1986 to regulate information release on the developing Internet. Twenty years later, while the quantity and quality of information collected online has grown, the amount that is regulated by the SCA is increasingly uncertain. Although the SCA was not intended to be “a catch-all statute designed to protect the privacy of stored Internet communications,” it has been pressed into this role. Without the SCA to balance the interests of users, law enforcement, and private industry, communications will be subjected to a tug-of-war between the private companies that transmit them and the government agencies that seek to access them. Internet users will find themselves with little protection. The flaws of the SCA's regulation of electronic communications today have been discussed and analyzed at length, but one danger in particular has received little attention. The SCA largely regulates information “pertaining to a subscriber to or customer of” a covered information service. Although two decades ago virtually all user-service relationships fit within this model, today it may leave many Internet relationships uncovered. For example, search engines gather vast troves of information about their users - users who do not pay for, and often do not subscribe to, their services. This Comment briefly summarizes the history and structure of the SCA. It then examines the statutory meaning of “subscriber to or customer of,” and the dangers posed by the Act's continued reliance on this terminology. It both identifies a specific, concrete weakness in the Act's structure and illustrates the danger of applying a statute written for 1986 technology to the modern Internet. Finally, it proposes a legislative solution. Whether the Act is overhauled or simply amended, it should be broadened to regulate all “user” information held by covered services. This will help ensure that the SCA remains an appropriate balance of interests on the Internet today.
Download or read book The Communications Act of 1934 as Amended and Other Selected Provisions of Law written by United States and published by . This book was released on 1983 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implementation of the USA PATRIOT Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2005 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
