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D333 -
27 terms EPI Foreign Corrupt Practices Act (FCPA)Makes it a crime to bribe a foreign official, a foreign political party official, or a candidate for foreign political office. The act applies to any U.S. citizen or company and to any company with shares listed on any U.S. stock exchange.US-CERT (U.S. Computer Emergency Readiness Team) Is a partnership between DHS and the public and private sectors that was established to protect the nation's Internet infrastructure against cyberattacks by serving as a clearinghouse for information on new viruses, worms, and other computer security topics.Fair Credit Reporting ActRegulates operations of credit reporting bureaus.Right to Financial Privacy ActProtects the financial records of financial institution customers from unauthorized scrutiny by the federal government.Gramm-Leach-Bliley Act (GLBA)Established mandatory guidelines for the collection and disclosure of personal financial information by financial institutions; requires financial institutions to document their data security plans; and encourages institutions to implement safeguards against pretexting.Fair and Accurate Credit Transaction ActAllows consumers to request and obtain a free credit report each year from each of the three consumer credit reporting agencies.HIPAA (Health Insurance Portability and Accountability Act) Defined numerous standards to improve the portability and continuity of health insurance coverage; reduce fraud, waste, and abuse in health insurance care and healthcare delivery; and simplify the administration of health insurance.
American Recovery and Reinvestment ActIncluded strong privacy provisions for EHRs, including banning the sale of health information, promoting the use of audit trails and encryption, and providing rights of access for patients. It also mandated that each individual whose health information has been exposed be notified within 60 days after discovery of a data breach.FERPA (Family Educational Rights and Privacy Act) Provides students and their parents with specific rights regarding the release of student records.COPPA (Children's Online Privacy Protection Act) Requires websites that cater to children to offer comprehensive privacy policies, notify parents or guardians about their data collection practices, and receive parental consent before collecting any personal information from children under the age of 13.Wiretap Act (Title III of the Omnibus Crime Control and Safe Streets Act) Regulates the interception of wire (telephone) and oral communications.FISA (Foreign Intelligence Surveillance Act)Describes procedures for the electronic surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers.Executive Order 12333Identifies the various government intelligence-gathering agencies and defines what information can be collected, retained, and disseminated by the agencies. It allows for the tangential collection of U.S. citizen data—even when those citizens are not specifically targeted.ECPA (Electronic Communications Privacy Act) Deals with the protection of communications while in transit from sender to receiver; the protection of communications held in electronic storage; and the prohibition of devices from recording dialing, routing, addressing, and signaling information without a search warrant.CALEA (Communications Assistance for Law Enforcement Act) Requires the telecommunications industry to build tools into its products that federal investigators can use—after gaining a court order—to eavesdrop on conversations and intercept electronic communications.USA PATRIOT ActModified 15 existing statutes and gave sweeping new powers both to domestic law enforcement and to international intelligence agencies, including increasing the ability of law enforcement agencies to eavesdrop on telephone communication, intercept email messages, and search medical, financial, and other records; the act also eased restrictions on foreign intelligence gathering in the United States.Foreign Intelligence Surveillance Act Amendments Act of 2004 Authorized intelligence gathering on individuals not affiliated with any known terrorist organization (so-called lone wolves).Foreign Intelligence Surveillance Amendments Act of 2008 Granted the NSA expanded authority to collect, without court-approved warrants, international communications as they flow through the U.S.telecommunications equipment and facilities.
PATRIOT Sunsets Extension ActGranted a four-year extension of provisions of the USA PATRIOT Act that allowed roving wiretaps and searches of business records. It also extended authorization intelligence gathering on "lone wolves." USA Freedom ActTerminated the bulk collection of telephone metadata by the NSA instead requiring telecommunications carriers to hold the data and respond to NSA queries for data. The act also restored authorization for roving wiretaps and the tracking of lone wolf terrorists.-Response to Snowden leaks OECD (Organization for Economic Cooperation and Development) Created a set of fair information practices that are often held up as the model for organizations to adopt for the ethical treatment of consumer data.European Union Data Protection DirectiveRequires member countries to ensure that data transferred to non-EU countries is protected. It also bars the export of data to countries that do not have data privacy protection standards comparable to those of the EU. After the passage of this directive, the EU and the United States worked out an agreement that allowed U.S.companies that were certified as meeting certain "safe harbor" principles to process and store data of European consumers and companies.European United States Privacy Shield Data Transfer Program Guidelines Is a stopgap measure that allows businesses to transfer personal data about European citizens to the United States. The guidelines were established after the European Court of Justice declared invalid the Safe Harbor agreement between the EU and the United States.GDPR (General Data Protection Regulation)Takes effect in May 2018 and addresses the export of personal data outside the EU enabling citizens to see and correct their personal data, standardizing data privacy regulations within the EU, and establishing substantial penalties for violation of its guidelines.FOIA (Freedom of Information Act)Grants citizens the right to access certain information and records of the federal government upon request.Privacy ActProhibits U.S. government agencies from concealing the existence of any personal data record-keeping system.Communications Decency Act (CDA)Is aimed at protecting children from online pornography.Child Online Protection Act (COPA)Prohibits making harmful material available to minors via the Internet.
Children's Internet Protection Act (CIPA)Requires federally financed schools and libraries to use filters to block computer access to any material considered harmful to minors. In United States v. American Library Association, Inc., the American Library Association challenged CIPA. Ultimately in that case, the Supreme Court made it clear that the constitutionality of government-mandated filtering schemes depends on adult patrons' ability to request and receive unrestricted access to protected speech.SLAPP (strategic lawsuit against public participation) Is a lawsuit filed by corporations, government officials, and others against citizens and community groups who oppose them on matters of concern.Anti-SLAPP LawsAre designed to reduce frivolous SLAPPs. As of 2015, 28 states and the District of Columbia have put into effect anti-SLAPP legislation to protect people who are the target of a SLAPP.John Doe Lawsuit•Organizations may file them to enable them to gain subpoena power in an effort to learn the identity of anonymous Internet users who they believe have caused some form of harm to the organization through their postings.CAN-SPAM (Controlling the Assault of Non Solicited Pornography and Marketing) Act Specifies requirements that commercial emailers must follow when sending out messages that advertise a commercial product or service. It is also sometimes used in the fight against the dissemination of pornography.Intellectual PropertyIs a term used to describe works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct and owned or created by a single person or group.CopyrightProtects original works, such as art, literature, or other created work.PRO-IP Act of 2008 (Prioritizing Resources and Organization for Intellectual Property) Increased trademark and copyright enforcement; it also substantially increased penalties for infringement.World Intellectual Property Organization (WIPO) Is an agency of the United Nations dedicated to "the use of intellectual property as a means to stimulate innovation and creativity." Digital Millennium Copyright Act (DMCA)Was signed into law in 1998, implements two WIPO treaties in the United States. The DMCA also makes it illegal to circumvent a technical protection or develop and provide tools that allow others to access a technologically protected work. In addition, the DMCA limits the liability of Internet service providers for copyright infringement by their subscribers or customers.-Some view the DMCA as a boon to the growth of the Internet and its use as a conduit for innovation and freedom of expression. Others believe that the DMCA has given excessive powers to copyright holders.PatentProtects new inventions, processes, and compositions of matter (such as medicines).