Monday, February 15, 2010

KEY PROVISION OF THE USA PATRIOT ACT SIBJECT TO SUNSET

SECTION

Section 216

The Patriot Act substantially changes the law with respect to law enforcement access to information about computer use including Web surfing. Reaching for an analogy from the old rotary dialed telephone system, the Act extends provisions written to authorize installation of pen registers and trap and trace devices, which record outgoing and incoming phone numbers, to authorize the installation of devices to record all computer routing, addressing, and signaling information. The government can get this information with a mere certification that the information likely to be obtained is relevant to an ongoing criminal investigation.

Section 203

Previously, domestic law enforcement and foreign intelligence collection operated on separate tracks. This separation was seen as necessary because of the very different legal regimes that are associated with domestic law enforcement and foreign intelligence collection. The events of September 11, which involved several individuals who had lived in our country for some time, made it clear that more cooperation between domestic law enforcement and foreign intelligence collection was necessary. Section 203 facilitates this cooperation by allowing "foreign intelligence information" gathered in criminal investigations by domestic law enforcement to be shared with the intelligence community. In this manner, section 203 enables the intelligence community access to critical information that might otherwise be unavailable.

Section 206

The Foreign Intelligence Surveillance Act (FISA) facilitates domestic intelligence gathering related to foreign powers by allowing the collection of such information without the legal restrictions associated with domestic law enforcement. Section 206 of the Patriot Act modernizes FISA wiretap authority. Previously, FISA required a separate court order be obtained for each communication carrier used by the target of an investigation. In the era of cell phones, pay phones, e-mail, instant messaging, and BlackBerry wireless e-mail devices such a requirement is a significant barrier in monitoring an individual’s communications. Section 206 allows a single wiretap to legally "roam" from device to device, to tap the person rather than the phone. In 1986, Congress authorized the use of roaming wiretaps in criminal investigations that are generally subject to stricter standards than FISA intelligence gathering, so extending this authority to FISA was a natural step.

Section 213

The 1986 Electronic Communications Privacy Act granted the government the authority to delay notification for search of some forms of electronic communications that are in the custody of a third party. Section 213 statutorily extends the ability of law enforcement to delay the notice to any physical or electronic search with a showing that notice would create an "adverse result." This provision is an effort to improve the government’s ability to investigate suspected terrorists by granting law enforcement greater leeway to operate clandestinely. To a large extent, section 213 simply codifies existing law enforcement practice in a manner consistent with recent court decisions. Nevertheless, the "adverse result" standard (defined in 18 U.S.C. § 2705), by virtue of its ambiguity, creates the potential for abuse. As a result, section 213, which is not currently subject to the four-year sunset contained in the Act, should, nevertheless, be carefully reviewed at that time.

Section 217

If someone unlawfully enters your home, you can ask the police to enter your premise without a warrant to investigate. Section 217 clarifies that similar authority applies to "computer trespassers." This allows law enforcement, with the permission of the owner of a computer, to monitor a trespasser’s action without obtaining an order for a wiretap. This provision constrains the ability of hackers to use computers without being detected.

Section 218

Prior to the enactment of FISA in 1978, the intelligence community had virtually unchecked authority to conduct domestic surveillance of U.S. citizens and organizations. FISA created a special court to ensure that "the purpose" of domestic intelligence gathering was to obtain foreign intelligence information. The FISA court structure and sole purpose standard attempted to balance the need to collect foreign intelligence information without the constraints of the Fourth Amendment with increased protections for Americans exercising their First Amendment rights. But the sole purpose test has created operational difficulties for foreign intelligence investigations that uncover criminal wrongdoing and lead to an investigation of the criminal conduct. The events of September 11 further blur the line between foreign intelligence investigation and domestic law enforcement and the ability to jointly work the case and share information between the intelligence and law enforcement communities has become more important in the context of the investigations of Al Qaeda. Section 218 loosens the standard of a FISA investigation by requiring a showing that the collection of foreign intelligence information is "a significant purpose" rather than "the purpose" of an investigation. Section 218 is an important tool for counterterrorism but, since probable cause is not required under FISA, it also raises the possibility that U.S. citizens who are not terrorists could have their homes searched and communications monitored without probable cause. Therefore, section 218 deserves special attention when it expires in four years.

source:John Podesta is a visiting professor of law at the Georgetown University Law Center. He served as President Clinton’s chief of staff from 1998-2001.

Monday, January 25, 2010

privacy protection and the law

PRIVACY PROTECTION

-When buying a domain name you have to provide accurate contact information or else your domain registration could be terminated as it would be in violation of the registration agreement.

-Privacy Protection ensures that your private information is not published by replacing all your publicly visible contact details with alternate contact information.


PRIVACY LAW

Privacy law is the area of law concerned with the protection and preservation of the privacy rights of individuals. Increasingly, governments and other public as well as private organizations collect vast amounts of personal information about individuals for a variety of purposes. The law of privacy regulates the type of information which may be collected and how this information may be used.

The scope of applicability of privacy laws is called expectation of privacy.


what is privacy?

-An important conclusion flows from this latter observation. That is that government regulation of the private sector in the name of privacy can only create confidentiality or secrecy rules based on the guesses of politicians and bureaucrats. The better way to protect true privacy is to distribute decisions about how personal information is used to the people affected.

what is privacy?

An important conclusion flows from this latter observation. That is that government regulation of the private sector in the name of privacy can only create confidentiality or secrecy rules based on the guesses of politicians and bureaucrats. The better way to protect true privacy is to distribute decisions about how personal information is used to the people affected.

Monday, January 18, 2010

computer criminals and thier objective

- Being partners with the Computer Crime group, Bay City will allow the task force to use 1 sworn police officer on a full-time basis for the next 2 years. The FBI will give the task force an unmarked vehicle, a mobile phone and finance all of the required training and travel expenses for the officer.


-The goal of this operation is to have a well-trained officer working for the Bay City Police who will give the agency the ability to take on computer crimes, according to Cecchini. Computer crimes usually include national security threats, fraud, computer scams and child pornography.

what would you do?

1. steps that I would take to fix the problem:
a. if i know how to fix the problem, i would talk the manager of the company to fix it and so that my budget is decries in 1 million.
b. in 90 days, i work the c0ompany with no salary.
c. double my work.
e. i solicit to my families, friends and etc.
f. i play game like game kana ba, wowowee, singing bee, and etc.

ARE IT WORKERS PROFESSIONALS?YES or NO?




Are IT workers professional? yes or no? why?



--->yes, because this course is in demand of the other country, and there is no course are not professional. Most of IT professional workers is out from the Philippines and go to the other country to work.