US Government Surveillance and Data Quiz

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Questions and Answers

What does the 16th Amendment to the US Constitution allow the federal government to do?

  • Collect property taxes
  • Collect an income tax (correct)
  • Collect state taxes
  • Raise tariffs on imports

How many records does the National Crime Information Center (NCIC) contain?

  • Over 1 million records
  • Over 39 million records (correct)
  • Over 10 million records
  • Over 50 million records

What criticism has been leveled against the OneDOJ Database?

  • It contains too few incident reports
  • It restricts access to federal agents only
  • It allows access to information about uncharged individuals (correct)
  • It offers limited interrogation summaries

Which incident did the FBI connect James Earl Ray to with the help of the NCIC?

<p>The assassination of Dr. Martin Luther King Jr. (D)</p> Signup and view all the answers

How many closed-circuit television cameras are currently in the US?

<p>Over 30 million cameras (C)</p> Signup and view all the answers

What federal agency is responsible for the construction of the OneDOJ Database?

<p>Department of Justice (D)</p> Signup and view all the answers

What role did surveillance cameras play in relation to the Boston Marathon bombing?

<p>They helped apprehend the suspects (C)</p> Signup and view all the answers

What led to Brandon Mayfield being arrested by the FBI?

<p>A partial fingerprint match (C)</p> Signup and view all the answers

What was the outcome of the fingerprint misidentification case involving Brandon Mayfield?

<p>He was awarded $2 million (D)</p> Signup and view all the answers

What did the NSA’s access to telephone metadata in 2013 include?

<p>Date, time, location, and length of call (A)</p> Signup and view all the answers

Which reform was passed by Congress in June 2015 concerning NSA data collection?

<p>USA Freedom Act requiring court orders (B)</p> Signup and view all the answers

What was one of the key recommendations made by the committee in 1965 regarding federal data?

<p>To create a centralized National Data Center (A)</p> Signup and view all the answers

What concern did citizens have regarding the National Data Center proposed in 1965?

<p>Data privacy and potential abuses (A)</p> Signup and view all the answers

What principle is emphasized by the Code of Fair Information Practices regarding databases?

<p>Individuals should access their information (D)</p> Signup and view all the answers

Which organization did Edward Snowden leak information to?

<p>The Guardian (A)</p> Signup and view all the answers

What did the judge order regarding Brandon Mayfield's detention?

<p>Immediate release from custody (B)</p> Signup and view all the answers

How did civil rights groups view Brandon Mayfield's situation with the FBI?

<p>As a targeting based on religious beliefs (C)</p> Signup and view all the answers

What is required to obtain a Real ID-compliant driver's license?

<p>Four different IDs and a biometric identifier (B)</p> Signup and view all the answers

What is one potential consequence of the new identification requirements under the Real ID Act?

<p>Increased ability for law enforcement to identify individuals (B)</p> Signup and view all the answers

Which of the following rights is granted under the Family Education Rights and Privacy Act (FERPA)?

<p>The right to review educational records (C)</p> Signup and view all the answers

What does the Video Privacy Protection Act prohibit videotape service providers from doing?

<p>Disclosing rental records without consumer consent (C)</p> Signup and view all the answers

Why might centralized databases of identification lead to concerns about identity theft?

<p>They can be hacked and personal information leaked (A)</p> Signup and view all the answers

What is the main concern of the American Civil Liberties Union regarding license-plate scanners?

<p>They should only be used on criminal suspects. (D)</p> Signup and view all the answers

What is one restriction imposed by the FAA on police drone operations?

<p>Drones can weigh no more than 25 pounds. (C)</p> Signup and view all the answers

What type of opinion is described as mixed regarding police drones?

<p>Public opinion on their use for search and rescue versus tracking speeders. (B)</p> Signup and view all the answers

According to the Fourth Amendment, what is necessary for a warrant to be issued?

<p>Probable cause supported by oath. (B)</p> Signup and view all the answers

What did the ruling in Omstead v. United States establish regarding wiretapping?

<p>Wiretapping without a warrant is permissible. (D)</p> Signup and view all the answers

What legal change occurred after the ruling in Nardone v. United States?

<p>A search warrant became necessary for wiretapping. (B)</p> Signup and view all the answers

How long does the Minnesota state patrol keep license plate information?

<p>48 hours (A)</p> Signup and view all the answers

What is a common reason for public support of police drones?

<p>They are effective for search and rescue operations. (B)</p> Signup and view all the answers

Which of the following is NOT mentioned as a use for license-plate scanners?

<p>Used to track stolen vehicles (D)</p> Signup and view all the answers

What is the primary purpose of data mining?

<p>To search for patterns or relationships in data (A)</p> Signup and view all the answers

How does the IRS use data mining?

<p>To match tax forms with information from independent sources (C)</p> Signup and view all the answers

Which of the following is a function of syndromic surveillance systems?

<p>To detect outbreaks of epidemics or bioterrorism (D)</p> Signup and view all the answers

What was revealed by USA Today regarding the National Security Agency?

<p>The NSA had created a database of American phone records (D)</p> Signup and view all the answers

What was the ruling of the federal judge in Detroit regarding the NSA's program in 2006?

<p>The program was ruled illegal and unconstitutional (C)</p> Signup and view all the answers

Which of the following is NOT a method used by syndromic surveillance systems?

<p>Surveying patient health records (B)</p> Signup and view all the answers

What is one source of data used by the IRS in their computer matching process?

<p>Employer and bank information (D)</p> Signup and view all the answers

What is a consequence of the NSA's telecommunications records database?

<p>Class-action lawsuits against the agency (A)</p> Signup and view all the answers

What significant event prompted the creation of the Telecommunications Records Database?

<p>The 9/11 terrorist attacks (B)</p> Signup and view all the answers

What aspect of the NSA's program was overturned by the US Court of Appeals in 2007?

<p>The rulings against class-action lawsuits (C)</p> Signup and view all the answers

What is required for healthcare providers to release medical information?

<p>A signed authorization from the patient (B)</p> Signup and view all the answers

Which of the following is one of the exemptions under the Freedom of Information Act?

<p>Classified documents (B)</p> Signup and view all the answers

What type of records did the police obtain from Timothy Carpenter's wireless providers?

<p>Location records (D)</p> Signup and view all the answers

Under which law did the police obtain Carpenter's cell phone records without a warrant?

<p>Stored Communications Act (B)</p> Signup and view all the answers

What technology allows drivers to pass through tolls without stopping?

<p>E-ZPass (B)</p> Signup and view all the answers

What is the main concern raised by the American Civil Liberties Union regarding the use of license-plate scanners?

<p>They infringe on the privacy of non-suspects. (A)</p> Signup and view all the answers

Which of the following is a restriction imposed by the FAA on police drone usage?

<p>Drones must weigh no more than 25 pounds. (A)</p> Signup and view all the answers

What does the Fourth Amendment to the US Constitution protect against?

<p>Unreasonable searches and seizures. (B)</p> Signup and view all the answers

What was the outcome of Nardone v. United States regarding wiretapping?

<p>A search warrant was ruled necessary for wiretapping. (D)</p> Signup and view all the answers

What is a reason given for public support of police drones?

<p>To assist in search and rescue operations. (C)</p> Signup and view all the answers

How long does Milpitas, California retain license plate information compared to Minnesota state patrol?

<p>They both retain data indefinitely. (B)</p> Signup and view all the answers

Which of the following describes the mixed public opinion on police drones?

<p>Support for search and rescue, opposition to identifying speeders. (C)</p> Signup and view all the answers

What did the ruling in Omstead v. United States establish about wiretapping?

<p>It was allowed without a warrant. (A)</p> Signup and view all the answers

What is a common use of license-plate scanners among police departments?

<p>Enforcement of parking regulations. (A)</p> Signup and view all the answers

What information does the OneDOJ Database provide to state and local police officers?

<p>Access to interrogation summaries (B)</p> Signup and view all the answers

Which of the following statements about closed-circuit television (CCTV) cameras is true?

<p>There are currently more than 30 million cameras in the US. (B)</p> Signup and view all the answers

What criticism is associated with the OneDOJ Database?

<p>It provides access to unverified information. (B)</p> Signup and view all the answers

How does the National Crime Information Center (NCIC) assist police departments?

<p>By helping solve hundreds of thousands of cases each year. (A)</p> Signup and view all the answers

What role did surveillance images play after the Boston Marathon bombing?

<p>They were critical in apprehending the suspects. (A)</p> Signup and view all the answers

Which of the following is NOT included in the records maintained by the NCIC?

<p>Incident reports (B)</p> Signup and view all the answers

What significant event is connected to Timothy McVeigh's arrest facilitated by the NCIC?

<p>The bombing of a federal building in Oklahoma City. (D)</p> Signup and view all the answers

What is a requirement for obtaining a Real ID-compliant driver's license?

<p>Submitting four different forms of identification (A)</p> Signup and view all the answers

What is one intended benefit of the changes made by the Real ID Act?

<p>Improved identification for law enforcement purposes (A)</p> Signup and view all the answers

Under the Family Education Rights and Privacy Act (FERPA), which right is granted to students 18 years and older?

<p>Reviewing educational records (D)</p> Signup and view all the answers

Which statement accurately reflects the Video Privacy Protection Act?

<p>Rental records can only be disclosed with consumer consent. (C)</p> Signup and view all the answers

What could be a potential consequence of centralized databases according to the content provided?

<p>Heightened risk of identity theft (C)</p> Signup and view all the answers

What is the primary function of data mining?

<p>Searching for patterns or relationships among data (B)</p> Signup and view all the answers

What is a requirement that newly compliant states must meet regarding Real ID by October 2020?

<p>Ensure licenses can be used for domestic airline flights (A)</p> Signup and view all the answers

What type of data must Real ID-compliant licenses contain?

<p>Machine-readable data (D)</p> Signup and view all the answers

How does the IRS primarily utilize data mining?

<p>To identify fraudulent tax returns (B)</p> Signup and view all the answers

Which of the following acts aims to protect educational records?

<p>Family Education Rights and Privacy Act (D)</p> Signup and view all the answers

Which of the following is a source of data for syndromic surveillance systems?

<p>911 calls (A)</p> Signup and view all the answers

Which situation highlighted the significance of the Video Privacy Protection Act?

<p>Disclosure of Judge Robert Bork's rental records (A)</p> Signup and view all the answers

What was the significance of the Telecommunications Records Database created by the NSA?

<p>It included phone call records to detect terrorist networks (B)</p> Signup and view all the answers

What eventual ruling was made by the US Court of Appeals regarding the NSA’s telecommunications program?

<p>It stated that plaintiffs did not have standing to sue (C)</p> Signup and view all the answers

How long must rental stores destroy personal information related to rentals, as mandated by the Video Privacy Protection Act?

<p>Within 1 year of no longer needed (B)</p> Signup and view all the answers

What prompted the establishment of syndromic surveillance systems?

<p>The need for real-time epidemic detection (B)</p> Signup and view all the answers

Which of the following actions did the NSA take regarding telecommunications after 9/11?

<p>Analyzed phone call records for patterns (A)</p> Signup and view all the answers

Which method is NOT utilized by syndromic surveillance systems?

<p>Tracking public transportation schedules (D)</p> Signup and view all the answers

What was one outcome regarding the illegal nature of the NSA’s telecommunications program?

<p>The program was deemed unconstitutional (B)</p> Signup and view all the answers

What is the primary challenge the government faces regarding privacy in the context of national security?

<p>Balancing the desire for personal privacy with the need for safety (D)</p> Signup and view all the answers

Which of the following best defines the term 'information dissemination' as included in Solove's taxonomy of privacy?

<p>The activities that spread personal information to others (B)</p> Signup and view all the answers

What major event significantly shifted public concerns toward national security over personal privacy?

<p>The attacks of September 11, 2001 (D)</p> Signup and view all the answers

In what way did the USA PATRIOT Act alter privacy considerations for American citizens?

<p>It allowed for broader government surveillance without warrants (A)</p> Signup and view all the answers

What does Solove's concept of 'invasion' encompass in terms of privacy?

<p>Activities that interrupt someone's solitude or decision-making (D)</p> Signup and view all the answers

What is one major legislative focus regarding the regulation of databases in the context of privacy?

<p>Regulating both public and private databases to protect personal information (A)</p> Signup and view all the answers

Which of the following best illustrates 'data mining' practices by the government?

<p>Analyzing extensive datasets to identify patterns or trends (D)</p> Signup and view all the answers

What is a potential risk of using predictive policing techniques?

<p>It may lead to wrongful profiling of innocent individuals. (A)</p> Signup and view all the answers

What is cited as a flaw in the Social Security Number (SSN) as an identification system?

<p>SSN lacks error-detecting capabilities. (B)</p> Signup and view all the answers

What is one argument used against the implementation of a national ID card?

<p>It could lead to increased identity theft for compliant citizens. (A)</p> Signup and view all the answers

What is a concern regarding the US government's terrorist watch list?

<p>There is a lack of mechanisms for clearing innocent individuals' names. (C)</p> Signup and view all the answers

Which statement reflects a misconception about national ID cards?

<p>They are guaranteed to prevent identity fraud. (A)</p> Signup and view all the answers

Which President authorized secret intelligence-gathering operations inside the United States after September 11, 2001?

<p>President Bush (A)</p> Signup and view all the answers

What was the primary purpose of the Carnivore Surveillance System implemented by the FBI?

<p>To intercept Internet traffic and email exchanges (C)</p> Signup and view all the answers

What type of database was the TALON Database created to maintain?

<p>Reports of suspicious activities or terrorist threats (A)</p> Signup and view all the answers

How many people inside the United States were monitored under the presidential order signed by President Bush regarding wiretapping?

<p>Approximately 500 (A)</p> Signup and view all the answers

Which major event led to the expansion of surveillance operations by the National Security Agency (NSA) during President Bush's administration?

<p>The September 11 attacks (D)</p> Signup and view all the answers

What was a key characteristic of the Carnivore system used by the FBI?

<p>It used a combination of hardware and software to monitor communication (B)</p> Signup and view all the answers

Which reports were controversially added to the TALON Database during its operation?

<p>Reports of anti-war protests (A)</p> Signup and view all the answers

What was the fate of the TALON Database according to the recommendation made in 2007?

<p>It was recommended for termination (B)</p> Signup and view all the answers

What function did the NSA's wiretap operations serve after the presidential order signed by President Bush?

<p>Intercepting international calls and emails without a warrant (D)</p> Signup and view all the answers

What was the primary reason for Brandon Mayfield's wrongful detention by the FBI?

<p>Partial fingerprint misidentification (A)</p> Signup and view all the answers

In what year did the federal court rule the NSA's telephone metadata program illegal?

<p>2015 (D)</p> Signup and view all the answers

What specific type of information did the NSA collect from Verizon under the court order?

<p>Phone call metadata only (A)</p> Signup and view all the answers

What did the Spanish authorities confirm regarding Brandon Mayfield's fingerprint?

<p>It was a partial match to an Algerian (B)</p> Signup and view all the answers

What was a major public concern regarding the proposed National Data Center in 1965?

<p>Potential for misuse of personal information (C)</p> Signup and view all the answers

Which oversight mechanism was instituted by the USA Freedom Act for NSA data collection?

<p>Requirement for a court order prior to data access (A)</p> Signup and view all the answers

What compensation did the government provide to Brandon Mayfield for his wrongful detention?

<p>$2 million (D)</p> Signup and view all the answers

What is one of the principles highlighted by the Code of Fair Information Practices?

<p>Personal information should be protected (B)</p> Signup and view all the answers

Which of the following actions did the FBI take against Mayfield without disclosing a search warrant?

<p>Entered his home (D)</p> Signup and view all the answers

What aspect of government surveillance did Edward Snowden's revelations primarily focus on?

<p>Domestic communications monitoring (D)</p> Signup and view all the answers

What is one limitation of the Privacy Act of 1974?

<p>It only applies to government databases. (C)</p> Signup and view all the answers

Which of the following acts requires major credit bureaus to provide consumers with free credit reports?

<p>Fair and Accurate Credit Transactions Act (A)</p> Signup and view all the answers

What is a requirement of the Financial Services Modernization Act?

<p>Privacy policies must be disclosed to customers. (B)</p> Signup and view all the answers

What type of information does the Fair Credit Reporting Act limit negative entries to?

<p>7 years for negative information, 10 years for bankruptcies. (B)</p> Signup and view all the answers

Which organization is NOT one of the major credit bureaus mentioned in the Fair Credit Reporting Act?

<p>FICO (D)</p> Signup and view all the answers

Which of the following is a provision of the Fair and Accurate Credit Transactions Act?

<p>Consumers must request their free credit reports. (B)</p> Signup and view all the answers

What does the term 'financial supermarkets' refer to in the context of the Financial Services Modernization Act?

<p>Consolidation of different financial services under one roof. (D)</p> Signup and view all the answers

Which of the following statements about the enforcement of the Privacy Act is true?

<p>No federal employee is responsible for enforcement. (C)</p> Signup and view all the answers

Under the Fair Credit Reporting Act, how long can negative information be retained?

<p>7 years (A)</p> Signup and view all the answers

What measure does the Fair and Accurate Credit Transactions Act introduce to combat identity theft?

<p>Requirements for consumers requesting credit reports. (C)</p> Signup and view all the answers

Flashcards

IRS data collection

The Internal Revenue Service collects personal financial information, including income, assets, and charitable contributions, through income tax forms.

NCI C database

A federal database containing records about various crimes, aiding police in solving cases.

McVeigh arrest

The National Crime Information Center (NCIC) aided in the arrest of Timothy McVeigh for the 1995 Oklahoma City bombing.

OneDOJ Database

A database providing state and local police with information from federal agencies, including incident reports and interrogation summaries.

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Surveillance cameras

Closed-circuit television (CCTV) cameras used for surveillance, sometimes with added features like license plate readers and radiation detectors.

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Boston Marathon bombing

A case where surveillance camera footage was instrumental in apprehending suspects.

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16th Amendment

The amendment giving the federal government the power to collect income tax.

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License-Plate Scanners

Devices used by police to scan license plates, often mounted on vehicles or in fixed locations like toll booths.

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Police Drone Use Restrictions

Federal Aviation Administration (FAA) rules limit drone size (under 25 lbs), altitude (under 400 ft), and daylight operation within operator's view.

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4th Amendment

Guarantees the right of people to be free from unreasonable searches and seizures, demanding warrants based on probable cause.

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Wiretaps

Secretly recording phone or electronic communications without the involved individuals' awareness.

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Search Warrant

Legal document issued by a judge allowing law enforcement to conduct a search of a person, place, or thing with specific details about what to search for.

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Covert Government Surveillance

Secret surveillance methods, including techniques like wiretaps and drones, used to obtain information on individuals.

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Public Opinion on Drones

Varying public views on the need for police drones, some supporting their use for rescue missions, but others opposing their use for activities like targeting speeders.

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Omstead v. United States

Supreme Court case that determined wiretapping without a search warrant was legal. Later judged in violation of the 4th amendment.

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Federal Communications Act

Federal law making wiretapping without a court warrant illegal.

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Nardone v. United States

Supreme Court case requiring judicial warrants for wiretapping to be legal, overturning the earlier Omstead decision.

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Data Mining Definition

Searching through databases to find patterns and relationships in data.

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IRS Data Mining

IRS uses data mining to find possible tax fraud by comparing tax forms with other records.

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Syndromic Surveillance

Data mining system that detects outbreaks using patterns in data like 911 calls and ER visits.

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Telecom Records Database

Database of phone call records created after 9/11 to find potential terrorist networks.

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Computer Matching

Matching tax forms with information from employers, banks etc. to detect errors.

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Mayfield Case

FBI mistakenly identified Brandon Mayfield as a suspect in the 2004 Madrid bombings based on a false fingerprint match, leading to his detention and a later apology.

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NSA Telephone Metadata

The National Security Agency (NSA) accessed Verizon customers' telephone metadata (date, time, location, and length of calls, but not contents) without a court order until 2015.

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Code of Fair Information Practices

Guidelines created to regulate government databases and prevent misuse of personal information, emphasizing transparency and access.

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USA Freedom Act

2015 law requiring a court order for government agencies to access telecommunication metadata.

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Decentralization of Data

The spread of statistical data across multiple government agencies, creating issues of access and oversight.

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National Data Center

A proposed centralized repository for government statistical data.

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Real ID Act

Federal law requiring new driver's licenses with specific security features (biometric, machine-readable, multiple IDs required etc.) for various purposes.

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Driver's licenses (Real ID compliant)

Driver's licenses meeting the requirements of the Real ID Act.

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Information Dissemination

The process of sharing information.

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FERPA (Family Educational Rights and Privacy Act)

Protects student educational records, allowing parents and eligible students to access and request changes.

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Video Privacy Protection Act

Protects rental records from disclosure without consent; requires stores to destroy records after 1 year.

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Privacy Laws

Laws that restrict the dissemination of personal information to protect privacy.

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16th Amendment

Gives the federal government the power to collect income tax.

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IRS

Internal Revenue Service, collects income taxes.

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NCI C

National Crime Information Center, database of crimes.

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OneDOJ Database

US DoJ database, providing information with incident reports to police.

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Surveillance cameras

CCTV cameras used for monitoring.

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Boston Marathon Bombing

Case where surveillance camera footage helped with apprehension of suspects.

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Income Tax Forms

Forms used for reporting income to the IRS, containing personal information.

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Data Mining Definition

Searching through databases to uncover patterns and connections within data.

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IRS Data Mining

The IRS uses data mining to identify potential tax fraud by comparing income tax forms with other financial records.

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Syndromic Surveillance

A data mining system designed to recognize emerging disease trends or bioterrorism attacks through various data points.

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Telecom Records Database

A database of phone calls and other communications data—created after 9/11—analyzed to potentially identify terrorist networks.

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Computer Matching (in context of taxes)

Comparing tax form data with records from employers, banks, and other sources to identify discrepancies and potential tax fraud.

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Data Mining (in context of patterns)

Searching for patterns and relationships within a dataset to gain insights.

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License-Plate Scanners

Devices used by law enforcement to scan license plates, often mounted on vehicles or in fixed locations like toll booths.

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Police Drones

Small unmanned aerial vehicles used by police for surveillance.

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FAA Restrictions on Drones

Federal Aviation Administration rules that limit drone size, altitude, and operation times.

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4th Amendment

Guarantees the right of the people to be free from unreasonable searches and seizures, demanding warrants based on probable cause.

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Wiretaps

Secretly recording phone or electronic communications without the involved individuals' awareness.

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Search Warrant

A legal document issued by a judge authorizing law enforcement to conduct a search of a specific person, place, or thing.

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Covert Government Surveillance

Secret surveillance methods, including techniques like wiretaps and drones, used by the government.

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Public Opinion on Drones

Opinions vary on the use of police drones, with some supporting their use for rescue missions but others opposing their use for other purposes.

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Omstead v. United States

A Supreme Court case that ruled wiretapping without a warrant to be acceptable.

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Federal Communication Act

A federal law making wiretapping without a warrant illegal.

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Nardone v. United States

A Supreme Court case stating that wiretaps require warrants.

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Real ID Act

Federal law requiring new, more secure driver's licenses for various purposes, including flying and accessing government services.

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Driver's Licenses (Real ID Compliant)

Driver's licenses that meet the standards of the Real ID Act, with security features like biometrics and multiple IDs.

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Information Dissemination

The process of sharing information.

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FERPA

Federal law protecting student educational records, allowing parents and eligible students to access and request changes.

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Video Privacy Protection Act

Federal law protecting video rental records from disclosure without consent, and requiring retailers to destroy records.

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Privacy laws

Laws that restrict the sharing of personal information to protect privacy.

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Possible consequences of licenses

Improved identification can reduce identity fraud, aid in law enforcement, and prevent criminals from hiding their identities.

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HIPAA

A law limiting how medical information can be used by doctors, hospitals, pharmacies, and insurance companies, requiring authorization to release information and informing patients about its use.

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Freedom of Information Act

A federal law enabling public access to US government records, primarily focusing on the executive branch.

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E-ZPass

Automatic toll collection system used on many US roads, bridges and tunnels, allowing drivers to pay tolls without stopping.

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Carpenter v. United States

A Supreme Court case addressing the legality of obtaining cell phone location data without a warrant.

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Privacy and the Government

The government's role in balancing citizens' desires for privacy with safety and security needs.

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US Legislation Restricting Information Collection

Laws that limit the methods and extent of information collection by the government.

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Information Collection

Actions involved in gathering personal data.

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Information Processing

Activities involving storing, manipulating, and using collected personal information.

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Information Dissemination

Actions that spread personal information.

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Invasion

Activities interfering with a person's daily life, solitude, or decision-making processes.

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Covert Government Surveillance

Secret government monitoring techniques like wiretaps or drones.

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Wiretapping

Secretly recording conversations or electronic communications.

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Search Warrant

A judge-authorized document allowing law enforcement to search specific locations or people.

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Data Mining

Analyzing large datasets to discover patterns and relationships.

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USA PATRIOT Act

Legislation expanding government surveillance powers, particularly after 9/11.

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Balancing Act

The government's challenge in balancing citizens' privacy with national security.

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Mayfield Case

The FBI mistakenly identified Brandon Mayfield as a suspect in the 2004 Madrid bombings based on a false fingerprint match, leading to his detention and a later apology.

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NSA Telephone Metadata

The National Security Agency (NSA) accessed Verizon customers' telephone metadata (date, time, location, and length of calls, but not contents) without a court order until 2015.

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USA Freedom Act

2015 law requiring a court order for government agencies to access telecommunication metadata.

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Code of Fair Information Practices

Guidelines created to regulate government databases and prevent misuse of personal information, emphasizing transparency and access.

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Decentralization of Data

The spread of statistical data across multiple government agencies, creating issues of access and oversight.

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National Data Center

A proposed centralized repository for government statistical data.

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Madrid Bombings

A series of terrorist bombings that occurred in Madrid, Spain, in 2004.

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FBI Error

The FBI made a mistake in identifying Brandon Mayfield as a suspect in the 2004 Madrid bombings.

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Supreme Court ruling on bugging

A search warrant is required for placing a hidden microphone (bug).

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Operation Shamrock

World War II-era surveillance program intercepting international telegrams, later expanded to telephone calls.

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NSA creation

The National Security Agency (NSA) was established in 1952, and later expanded its surveillance capabilities.

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Kennedy-era surveillance

Organized crime figures and Cuba-related individuals and businesses were targeted during the Kennedy administration.

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Johnson and Nixon surveillance

Vietnam War protesters were targeted for surveillance during the Johnson and Nixon administrations.

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Nixon-era surveillance

Surveillance expanded to target individuals involved in the war on drugs during the Nixon administration.

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Carnivore System

FBI's surveillance program developed in the late 1990s, monitoring internet traffic (e.g. emails).

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Carnivore's method

Captured packets of internet traffic associated with a particular IP address.

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Covert activities after 9/11

President Bush authorized new, secret intel-gathering operations in the US after the 9/11 attacks.

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Post-9/11 NSA wiretapping

Bush signed an order allowing NSA to intercept international phone calls/emails initiated from within the US without warrants.

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Post-9/11 surveillance scope

About 500 people inside US and 5,000-7,000 outside US were monitored.

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TALON database

A US DoD database (2003) designed to track suspicious activities/terrorist threats near military bases.

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TALON database content

Contained reports submitted by military personnel or civilians, categorized as credible or not credible.

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TALON database issues

Included reports about anti-war protests, and was later recommended for termination.

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Organizations' need for consent

Organizations cannot legally use a person's information without their permission.

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Data reliability and misuse

Database owners and users are responsible for ensuring information accuracy and preventing its misuse.

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Privacy Act of 1974's scope

This act applies only to government databases indexed by personal identifiers, with no designated federal enforcer.

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Fair Credit Reporting Act

Protects information used by credit bureaus, limiting negative records to 7 years (except for bankruptcy and criminal convictions).

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Fair and Accurate Credit Transactions Act

Enacted in 2004, this law allows consumers to request and receive free credit reports once a year.

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Financial Services Modernization Act

Also known as Gramm-Leach-Bliley Act, it regulated the merging of financial services while requiring privacy policies and customer notices.

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Predictive Policing

Using data analysis to predict where crimes are likely to happen, and then deploying police to those areas.

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Profiling Risks

Creating descriptions of groups presumed to engage in crime, which could wrongly identify innocent people.

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National ID Card (Pros)

Arguments in favor of a national ID card emphasize its potential to reduce illegal immigration, improve identification, and deter crime.

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National ID Card (Cons)

Concerns about national ID cards center on the potential for misuse, inaccuracy, and the increased vulnerability of law-abiding citizens to fraud.

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Social Security Number (SSN)

A number assigned to track earnings and taxes, though it is not a consistently reliable form of identification due to potential duplication and limited verification measures.

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Study Notes

Chapter 6: Privacy and the Government

  • Learning Objectives: The chapter covers US legislation restricting information collection, government information collection, covert government surveillance, US wiretapping legislation, and the USA PATRIOT Act. It also discusses the regulation of public and private databases, data mining by the government, national identification cards, information dissemination, and invasion of privacy.

6.1 Introduction

  • Federal, state, and local governments in the US have greatly impacted individual American privacy since 1965.
  • The government must balance citizens' desires for privacy and for safety and security.
  • 9/11 attacks significantly raised national security concerns, shifting focus from presidential abuses to national security.

Solove's Taxonomy of Privacy

  • Information Collection: Gathering personal information.
  • Information Processing: Storing, manipulating, and using collected information.
  • Information Dissemination: Spreading personal information.
  • Invasion: Intrusion on daily life, disrupting solitude, or interfering with decision-making processes.

6.2 US Legislation Restricting Information Collection

  • Employee Polygraph Protection Act (1988): Prohibits private employers from using lie detector tests under most circumstances, with exceptions for pharmaceutical companies, security firms, and cases involving theft.
  • Children's Online Privacy Protection Act (COPPA): Limits collection of public information from children and requires parental consent for collecting information from children under 12.
  • Genetic Information Nondiscrimination Act (GINA): Protects individuals from genetic discrimination by health insurance companies and employers; small companies exempt from the employer provision.

6.3 Information Collection by the Government

  • Census Records: Required by the US Constitution for fair representation, with steadily increasing number of questions. Statistical sampling is employed. Historic instances of broken confidentiality include World War I and World War II events.
  • Internal Revenue Service (IRS) Records: The 16th Amendment authorizes the IRS to collect income tax. IRS collects over $2 trillion annually. Tax forms contain extensive amounts of personal data.
  • FBI National Crime Information Center (NCIC): A database containing >39 million records related to crimes. The NCIC assists in solving many cases and has played a role in high-profile criminal investigations (e.g., James Earl Ray, Timothy McVeigh).
  • OneDOJ Database: Constructed by the US Department of Justice, providing law enforcement access to incident reports, interrogation summaries, and other information not available through NCIC. Critiques include the lack of correction for misinformation.

6.4 Covert Government Surveillance

  • 4th Amendment: Guarantees protection against unreasonable searches and seizures, requiring probable cause and warrants for searches.
  • Wiretapping and Bugs: Instances where the legality of wiretapping without a warrant was litigated, leading to cases like Omstead v. United States, Nardone v. United States, and Katz v. United States. The Federal Communications Act and cases significantly limited warrantless surveillance.
  • Operation Shamrock: World War II-era interception of international telegrams evolved into the monitoring of telephone calls, including those of targeted individuals, by the NSA (National Security Agency), which expanded after the agency's formation in 1952. Operation Shamrock targeted organized crime figures, those related to Cuba and individuals involved in the Vietnam war protests and other targets or operations.
  • Carnivore Surveillance System: A software used by the FBI to monitor internet traffic, including email communications in the late 1990s.
  • Covert Activities After 9/11: New covert intelligence-gathering operations were authorized by President Bush following the 9/11 attacks.

6.5 US Legislation Authorizing Wiretapping

  • Title III: Part of the Omnibus Crime Control and Safe Streets Act of 1968, authorizing police wiretaps for up to 30 days with a court order. The US Supreme Court rejected warrantless wiretapping in 1972, even for national security.

6.6 USA PATRIOT Act

  • Passed following the September 11, 2001 attacks, granting greater police authority to monitor communications and regulate banks, expand border controls, and add new crimes and penalties for terrorist activity.
  • Critics argued that the act infringed on Fourth Amendment rights, citing pen registers on web browsers, roving surveillance, warrantless searches, and warrants issued without demonstrating probable cause.
  • National Security Letters: FBI's ability to collect Internet, business, medical, educational, library, and religious records without demonstrating probable cause to a judge, with gag orders preventing disclosure of receipt.
  • The Act was associated with significant successes in criminal investigations, but also with cases like that of Brandon Mayfield, where errors and subsequent legal challenges brought questions about its use in law enforcement efforts.

6.7 Regulation of Public and Private Databases

  • Genesis of Code of Fair Information Practices: The Code of Fair Information Practices arose from concerns about decentralization of statistical data across government agencies. The Committee’s recommendations included the creation of a National Data Center, and the subsequent formation of the National Data Center that drafted guidelines for government databases, and were based on concerns of possible abuse, in 1965.
  • Code of Fair Information Practices: Five principles include: no secret databases, personal information access for individuals in databases, restrictions on changes in how information is used without consent, corrections for inaccuracies in records, and data reliability with appropriate limits on misuse.
  • Privacy Act of 1974: Applies only to government databases that employ a personal identification code, and has provisions that allow agencies to share records.

6.8 Data Mining by the Government

  • Data Mining: The process of searching through one or more databases to find patterns or relationships in the data.
  • Internal Revenue Service Audits: Employ computer matching and data mining to identify potential income tax fraud. IRS matches tax information with employer, bank, etc., information. Uses data mining to identify tax forms with potential errors leading to underpayment.
  • Syndromic Surveillance Systems: A data mining system looking for patterns in data (e.g., 911 calls, emergency room visits, school absenteeism, Internet searches) that indicate potential outbreaks of epidemics or bioterrorism. This was successfully used in identifying a virus outbreak in New York City in 2002.
  • Telecommunications Records Database: Created by the NSA after 9/11 to analyze phone records. Some class-action lawsuits were filed against the legality of the database, and a federal judge ruled it unconstitutional, but the ruling was later overturned. The NSA collected data with government authorization.

6.9 National Identification Card

  • Social Security Number (SSN): First issued in 1936, originally used solely for social security purposes, but use has expanded. The SSN is not unique and rarely checked, with no error-detecting capabilities.
  • Arguments for a National ID Card: Current identification cards are inadequate, the card would reduce illegal entry, prevent illegal workers from employment, reduce crime, and many other democratic countries employ national ID cards.
  • Arguments against a National ID Card: No guarantee of positive identification; biometric systems are not 100% accurate; no proven reduction in crime; government data mining becomes simpler and may increase risks to law-abiding citizens.
  • Real ID Act: Signed in 2005, significantly changing driver's licenses to include biometric data and machine-readable form. The act requires drivers' licenses to be Real ID compliant to use them as IDs for domestic flights.

6.10 Information Dissemination

  • Legislation Restricting Information Dissemination: Includes the Family Education Rights and Privacy Act (FERPA), Video Privacy Protection Act, and Health Insurance Portability and Accountability Act (HIPAA).
  • Examples of Information Dissemination: Includes the Freedom of Information Act (FOIA) and using toll records in court cases.

6.11 Invasion

  • Government Actions to Prevent Invasion: Includes the Do Not Call Registry and the CALM Act, as well as other ways to handle pseudoephedrine purchases and the use of advanced imaging technology scanners.
  • Invasive Government Actions: Requires identification for pseudoephedrine purchases of cold medicines, and the use of advanced imaging technology scanners at airports.

Summary of the Chapter

  • Constitutional rights sometimes conflict with law enforcement's need for gathering evidence.
  • Balancing these competing concerns is a struggle for the branches of government.
  • Enforcement agencies have sometimes acted outside the bounds of federal law or the Constitution in their actions.
  • The Real ID Act is a step toward a de facto national ID card.

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