IA455 Chris Danieli and Zachary gibson Issues in Cyber Law IA455 Chris Danieli and Zachary gibson
Computer Fraud and Abuse Act -Written and passed in 1984, the first real law to combat cybercrime -It prohibits 7 actions Obtaining National Security Information Unauthorized access financial and government systems or any protected computer The trespass into any government computer Unauthorized access into a protected computer with intent to defraud Unauthorized access into a protected computer resulting physical or logical damage Prohibits password trafficking Prohibits extortion attempting
Other Cyber Laws -The Electronic Communications Privacy Act -The Stored Communications Act -The Identity Theft and Assumption Deterrence Act -The Identity Theft Penalty Enhancement Act -The Access Device Fraud Act -The Wire Fraud Act -The Economic Espionage Act -The National Stolen Property Act
Electronic Communication Privacy Act (1986) Title I: Protects privacy of wire, oral, and electronic communications Title II: Protects storage of electronic commuincations Title III: Prohibits the use of pin register to record dialing, routing, addressing, and signaling information used in the process of transmitting wire or electronic communications without a court order.
Why's it Important? Originally did not cover email under Title I Microsoft vs. DOJ (Can notify customers of search) https://www.youtube.com/watch?v=hxNZRSuuTzg
Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Fourth Amendment Case Law Riley vs. California - Expired Registration Tags Firearms Cell Phone Seized Tied to shooting based on evidence on phone
Fourth Amendment Case Law Riley v. California Outcome - Unanimous Ruling Need warrant for electronic devices (phones, laptops, tablets..) Devices are not a danger to officers
Fourth Amendment Case Law Fernandez vs. California - Man was attacked/robbed Police request to search apartment Denied by Fernandez Allowed by co-tenant
Fourth Amendment Case Law Fernandez vs. California Outcome - Justices vote in favor of California 6-3 Does not need warrant if co-tenant agrees while other tenant is not available
https://www.youtube.com/watch?v=iV4q4nRPyoY
Cyber Law and Drones -Drones collect data -Video -Images -Can be outfitted to pick up all sorts of signals -Considerations -Does the data collected infringe on your privacy? -Can using drones by law enforcement to build a case to get a warrant in and of itself a warrantless search? -The airspace is considered public but regulated by the FAA -A person might have high fences to stop people from looking in from conventional surveillance techniques
https://www.youtube.com/watch?v=60JBYbFTqPI
Sources https://www.oyez.org/cases/2013/12-7822 https://bostonbarjournal.com/tag/riley-v-california/ https://www.youtube.com/watch?v=iV4q4nRPyoY https://blogs.microsoft.com/on-the-issues/2017/10/23/doj-acts-curb- overuse-secrecy-orders-now-congress-turn/ http://www.airuniversity.af.mil/CyberCollege/Portal/Article/Article/1 238536/cyberlaw-and-policy/