USA Patriot Act Subject to Sunset

"Section of USA Patriot Act Subject to Sunset"

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 Black Berry 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 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.

Today, with more than fifty million U.S. households online, when more than 1.4 billion e-mails change hands every day, when computer users surf the Web and download files using phone lines, mobile devices, and cable modems, the government can learn a tremendous amount of information about you from where you shop to what you read to who your friends are through the use of so-called transactional records. The potential for abuse, for invasion of privacy, and for profiling citizens is high.

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.

Although most law-abiding computer users’ online activities will not be monitored by the government as a result of section 217, the new authority may be overboard. A "computer trespasser" is defined as anyone who accesses a protected computer (which includes any computer connected to the Internet) without authorization. Individuals who exceed their terms of service agreements with their Internet service provider or individuals who use their computer at work to download an MP3 file could be subject to intrusive government monitoring.

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.

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.


Section of Individual Rights & Responsibilities
American Bar Association, 740 15th Street, NW
Washington, DC, 20005

PRIVACY PROTECTION AND THE LAW

"Privacy Protection and the Law"

----->Personal Privacy Protection Law protects you from the random collection of personal information by state agencies. The law enables you to access and/or correct information on file which pertains to you. It also regulates disclosure of personal information to persons authorized by law to have access for official use.In this 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.

What is Computer Privacy?

"What is computer privacy?"

--->We use computers and the Internet everywhere - we do our banking, read books, find different kinds of information, plan holidays and more.But on the other side Internet is full of potential risk to our privacy and security. It is like a mirror that shows all tracks of our computer and Internet activity - every time we surf the Internet we leave traces of our Internet activity that can reveal our real-life identity. And anyone even without special computer skills can monitor our surfing habits, banking history and even our personal information like name, phone, address. So while there are lots of things that we have gained from the computer revolution there is a price we have to pay. And the price is our computer privacy. Of course there is no simple solution for this problem. But inactivity is also impossible.

computer criminals and their objectives

Computer Criminals

---->The Web, some say, has been turned into an operating system for criminals. Computer viruses that hijack PCs and turn them into electronic robots, or “bots,” have become the killer app. The operation of networks of hijacked computers is so lucrative that hackers are actually fighting electronic wars over them.New hacker techniques make these virus attacks so subtle that there is no way you would know your computer is a criminal. And there is a growing sense among security experts that hackers have gained the upper hand. Computer crimes encompass unauthorized or illegal activities perpetrated via computer as well as the theft of computers and other technological hardware. As firms of all sizes, industrial orientation, and geographic location increasingly rely on computers to operate, concerns about computer crime have also risen, in part because the practice appears to be thriving despite the concerted efforts of both the law enforcement and business communities to stop it.

what is Zero Day Attack

---Zero Day Attack<---

---------->can be harmful to specific computer long after a patch has been created and the vulnerability has been closed ,because many computer owners do not regularly update their software with patches made available by the software makers.But first because the typical zero day attack is unknown unit a large number of computer have been infected the option on anti-virus software to block currently unknown viruses and worms. A zero day attack will take advantage of that problem before a patch has been created. It is named zero day because it occurs before the first day the vulnerability is known.

What WOULD YOU DO?

What would you do?
1.
---->where you begin and what steps would you take to fix the problem?

1.You can confirm the customers.
2.you can find the making headlines for the manufacturing company.
3.Can make it harder to criminal maybe the criminal find easily targets
4.after you can fix the security problem of the company target.
5.make a conclusion fix problem.

---->


2.
---->I would advice to her for continue to develop the administrative system,for help to other people through him.We can destroy all the evidence that you get.It might be cause of the any kind of trouble.

Assigment

"Are IT workers Professional Yes or No?Why?"

....>Yes,because the generation of Information Technology Education.Even if in state their so many IT students work of the opportunities that the company offer a lot.They need the to manage their computer and internet ability to capture.Also the IT workers is higher than the nursing its so hard to apply the state.Some of the student is produce everything being programmer the company business.We have been able to help win important legislation for physician assistant.