Week 11

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Questions and Answers

What is the primary purpose of fair information practices?

To govern the collection and use of personal data (correct)

To ensure the quality of personal data

To specify the purpose of data collection

To prevent unauthorized access to personal data

What is the term for the flow of personal data across national boundaries?

Transborder data flow (correct)

Data protection

International data exchange

Data globalization

How many principles are outlined in the OECD fair information practices guidelines?

8 (correct)

What is the purpose of the European Union Data Protection Directive?

To protect data transferred to non-European Union countries Signup and view all the answers

What is required of U.S. companies to process and store data of European consumers and companies?

Certification as meeting 'safe harbor' principles Signup and view all the answers

What is the term for the guidelines that govern the collection and use of personal data?

Fair information practices Signup and view all the answers

Which international organization sets policies and produces agreements on topics requiring multilateral consensus?

Organisation for Economic Co-operation and Development (OECD) Signup and view all the answers

What is one of the principles outlined in the OECD fair information practices guidelines?

Purpose specification Signup and view all the answers

What is the purpose of the Communications Assistance for Law Enforcement Act (CALEA)?

To require telecommunications industry to build tools for intercepting communications Signup and view all the answers

What is a Pen Register?

A device that records the numbers dialed for outgoing calls Signup and view all the answers

What is the main feature of the USA PATRIOT Act?

It increases the ability to search various records Signup and view all the answers

What is the purpose of a Trap and Trace device?

To record incoming calls for a particular phone number Signup and view all the answers

What is the effect of the NSL gag provision?

It prohibits NSL recipients from revealing the government's request for records Signup and view all the answers

When was the USA PATRIOT Act passed?

Five weeks after the terrorist attacks of September 11, 2001 Signup and view all the answers

What does the USA PATRIOT Act allow law enforcement agencies to do?

Increase their ability to search various records Signup and view all the answers

What is a characteristic of National Security Letters (NSLs)?

They are not subject to judicial review or oversight Signup and view all the answers

What is the primary purpose of the Freedom of Information Act (FOIA)?

To grant citizens the right to access certain government records Signup and view all the answers

What is a requirement for a FOIA request?

The request must not require wide-ranging, unreasonable, or burdensome searches for records Signup and view all the answers

What is the purpose of the Privacy Act?

To set rules for the collection, use, and dissemination of personal data Signup and view all the answers

What is a consequence of the Privacy Act?

U.S. government agencies are prohibited from concealing the existence of any personal data record-keeping system Signup and view all the answers

What is a method used to obtain information about web surfers?

All of the above Signup and view all the answers

What is the purpose of cookies on a website?

To identify visitors on subsequent visits Signup and view all the answers

What is the function of tracking software on a website?

To analyze browsing habits and deduce personal interests and preferences Signup and view all the answers

What is a type of method used to obtain information about web surfers?

Voluntary method Signup and view all the answers

What is cyberloafing?

Using the Internet for purposes unrelated to work Signup and view all the answers

Why do state privacy statutes tend to favor employers over employees?

The exact reason is not specified in the text Signup and view all the answers

What is the main criticism of camera surveillance?

That it is a violation of civil liberties Signup and view all the answers

What is the purpose of a vehicle event data recorder (EDR)?

To capture and record data to improve vehicle performance Signup and view all the answers

What is the limitation of the Fourth Amendment?

It does not limit how a private employer treats its employees Signup and view all the answers

What is the main concern about camera surveillance?

That it is a violation of civil liberties Signup and view all the answers

What is the purpose of a vehicle event data recorder (EDR) in a court of law?

To determine what happened during a vehicle accident Signup and view all the answers

What can private employers legally monitor?

Employer-provided mobile phone or computing device Signup and view all the answers

What percentage of U.S. firms record and review employee communications and activities?

80 percent Signup and view all the answers

What type of device may be used as evidence in court in the event of a vehicle crash?

Vehicle event data recorder (EDR) Signup and view all the answers

Why do employers increasingly use workplace monitoring?

To reduce employee abuses and expose employers to harassment lawsuits Signup and view all the answers

What is the purpose of surveillance cameras in major cities around the world?

To deter crime and terrorist activities Signup and view all the answers

What is a potential issue with the use of fitness trackers in the workplace?

Legal and ethical issues Signup and view all the answers

What is illegal to do without the permission of the phone's owner?

Download a stalking app Signup and view all the answers

What type of data does a vehicle event data recorder (EDR) record?

Data for a few seconds before, during, and after a vehicle crash Signup and view all the answers

Why do employers monitor employee email and web surfing?

To protect against employee abuses and reduce the risk of harassment lawsuits Signup and view all the answers

Study Notes

National Security Letters (NSLs)

Compel holders of personal records to turn them over to the government
Not subject to judicial review or oversight
Includes a gag provision, prohibiting NSL recipients from revealing that the government has requested an individual's records

Pen Registers and Trap and Trace Devices

Pen register: A device that records electronic impulses to identify the numbers dialed for outgoing calls
Trap and trace: A device that records the originating number of incoming calls for a particular phone number

Communications Assistance for Law Enforcement Act (CALEA)

Requires the telecommunications industry to build tools into their products for use by federal investigators, after obtaining a court order, to intercept communications
Gives sweeping new powers to domestic law enforcement and U.S. international intelligence agencies
Increases ability to search telephone, email, medical, financial, and other records
Passed five weeks after the terrorist attacks of September 11, 2001

Fair Information Practices

A set of guidelines that govern the collection and use of personal data
Form the underlying basis for many national laws addressing data privacy and data protection issues

Organisation for Economic Co-operation and Development (OECD)

International organization that sets policies and produces agreements on topics for which multilateral consensus is required
OECD fair information practices guidelines comprise eight principles:
- Collection limitation
- Data quality
- Purpose specification
- Use limitation
- Security safeguards
- Openness principle
- Individual participation
- Accountability

European Union Data Protection Directive

Ensures that data transferred to non-European Union countries is protected
Only U.S. companies certified as meeting certain "safe harbor" principles are allowed to process and store data of European consumers and companies

Freedom of Information Act (FOIA)

Grants citizens the right to access certain information and records of federal, state, and local governments upon request
Two basic requirements for a FOIA request:
- The request must not require wide-ranging, unreasonable, or burdensome searches for records
- The request must be made according to procedural regulations published in the Federal Register

Privacy Act

Sets rules for the collection, use, and dissemination of personal data kept by federal agencies
Prohibits U.S. government agencies from concealing the existence of any personal data record-keeping system

Consumer Profiling

Information about web surfers can be obtained through:
- Voluntary methods: Website registrations, surveys, contests, and social media
- Cookies: Text files that can be downloaded to the hard drives of users who visit a website, so that the website is able to identify visitors on subsequent visits
- Tracking software: Allows a website to analyze browsing habits and deduce personal interests and preferences

Workplace Monitoring

Cyberloafing: Using the Internet for purposes unrelated to work
Private employers may legally monitor employees' use of any employer-provided mobile phone or computing device
The Fourth Amendment does not limit how a private employer treats its employees
State privacy statutes tend to favor employers over employees

Advanced Surveillance Technology

Camera surveillance:
- Used in major cities around the world to deter crime and terrorist activities
- Criticism: Such scrutiny is a violation of civil liberties and the cost of the equipment and people required to monitor the video feeds is excessive
Vehicle event data recorder (EDR):
- Records vehicle and occupant data for a few seconds before, during, and after any vehicle crash severe enough to deploy the vehicle's air bags
- Purposes: To capture and record data to make changes to improve vehicle performance and for use in a court of law to determine what happened during a vehicle accident

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Description

This quiz covers the features and implications of National Security Letters, including gag provisions, judicial review, and surveillance methods like pen registers and trap and trace devices.