Podcast
Questions and Answers
What does the 16th Amendment to the US Constitution allow the federal government to do?
What does the 16th Amendment to the US Constitution allow the federal government to do?
How many records does the National Crime Information Center (NCIC) contain?
How many records does the National Crime Information Center (NCIC) contain?
What criticism has been leveled against the OneDOJ Database?
What criticism has been leveled against the OneDOJ Database?
Which incident did the FBI connect James Earl Ray to with the help of the NCIC?
Which incident did the FBI connect James Earl Ray to with the help of the NCIC?
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How many closed-circuit television cameras are currently in the US?
How many closed-circuit television cameras are currently in the US?
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What federal agency is responsible for the construction of the OneDOJ Database?
What federal agency is responsible for the construction of the OneDOJ Database?
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What role did surveillance cameras play in relation to the Boston Marathon bombing?
What role did surveillance cameras play in relation to the Boston Marathon bombing?
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What led to Brandon Mayfield being arrested by the FBI?
What led to Brandon Mayfield being arrested by the FBI?
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What was the outcome of the fingerprint misidentification case involving Brandon Mayfield?
What was the outcome of the fingerprint misidentification case involving Brandon Mayfield?
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What did the NSA’s access to telephone metadata in 2013 include?
What did the NSA’s access to telephone metadata in 2013 include?
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Which reform was passed by Congress in June 2015 concerning NSA data collection?
Which reform was passed by Congress in June 2015 concerning NSA data collection?
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What was one of the key recommendations made by the committee in 1965 regarding federal data?
What was one of the key recommendations made by the committee in 1965 regarding federal data?
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What concern did citizens have regarding the National Data Center proposed in 1965?
What concern did citizens have regarding the National Data Center proposed in 1965?
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What principle is emphasized by the Code of Fair Information Practices regarding databases?
What principle is emphasized by the Code of Fair Information Practices regarding databases?
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Which organization did Edward Snowden leak information to?
Which organization did Edward Snowden leak information to?
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What did the judge order regarding Brandon Mayfield's detention?
What did the judge order regarding Brandon Mayfield's detention?
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How did civil rights groups view Brandon Mayfield's situation with the FBI?
How did civil rights groups view Brandon Mayfield's situation with the FBI?
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What is required to obtain a Real ID-compliant driver's license?
What is required to obtain a Real ID-compliant driver's license?
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What is one potential consequence of the new identification requirements under the Real ID Act?
What is one potential consequence of the new identification requirements under the Real ID Act?
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Which of the following rights is granted under the Family Education Rights and Privacy Act (FERPA)?
Which of the following rights is granted under the Family Education Rights and Privacy Act (FERPA)?
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What does the Video Privacy Protection Act prohibit videotape service providers from doing?
What does the Video Privacy Protection Act prohibit videotape service providers from doing?
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Why might centralized databases of identification lead to concerns about identity theft?
Why might centralized databases of identification lead to concerns about identity theft?
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What is the main concern of the American Civil Liberties Union regarding license-plate scanners?
What is the main concern of the American Civil Liberties Union regarding license-plate scanners?
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What is one restriction imposed by the FAA on police drone operations?
What is one restriction imposed by the FAA on police drone operations?
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What type of opinion is described as mixed regarding police drones?
What type of opinion is described as mixed regarding police drones?
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According to the Fourth Amendment, what is necessary for a warrant to be issued?
According to the Fourth Amendment, what is necessary for a warrant to be issued?
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What did the ruling in Omstead v. United States establish regarding wiretapping?
What did the ruling in Omstead v. United States establish regarding wiretapping?
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What legal change occurred after the ruling in Nardone v. United States?
What legal change occurred after the ruling in Nardone v. United States?
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How long does the Minnesota state patrol keep license plate information?
How long does the Minnesota state patrol keep license plate information?
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What is a common reason for public support of police drones?
What is a common reason for public support of police drones?
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Which of the following is NOT mentioned as a use for license-plate scanners?
Which of the following is NOT mentioned as a use for license-plate scanners?
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What is the primary purpose of data mining?
What is the primary purpose of data mining?
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How does the IRS use data mining?
How does the IRS use data mining?
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Which of the following is a function of syndromic surveillance systems?
Which of the following is a function of syndromic surveillance systems?
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What was revealed by USA Today regarding the National Security Agency?
What was revealed by USA Today regarding the National Security Agency?
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What was the ruling of the federal judge in Detroit regarding the NSA's program in 2006?
What was the ruling of the federal judge in Detroit regarding the NSA's program in 2006?
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Which of the following is NOT a method used by syndromic surveillance systems?
Which of the following is NOT a method used by syndromic surveillance systems?
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What is one source of data used by the IRS in their computer matching process?
What is one source of data used by the IRS in their computer matching process?
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What is a consequence of the NSA's telecommunications records database?
What is a consequence of the NSA's telecommunications records database?
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What significant event prompted the creation of the Telecommunications Records Database?
What significant event prompted the creation of the Telecommunications Records Database?
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What aspect of the NSA's program was overturned by the US Court of Appeals in 2007?
What aspect of the NSA's program was overturned by the US Court of Appeals in 2007?
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What is required for healthcare providers to release medical information?
What is required for healthcare providers to release medical information?
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Which of the following is one of the exemptions under the Freedom of Information Act?
Which of the following is one of the exemptions under the Freedom of Information Act?
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What type of records did the police obtain from Timothy Carpenter's wireless providers?
What type of records did the police obtain from Timothy Carpenter's wireless providers?
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Under which law did the police obtain Carpenter's cell phone records without a warrant?
Under which law did the police obtain Carpenter's cell phone records without a warrant?
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What technology allows drivers to pass through tolls without stopping?
What technology allows drivers to pass through tolls without stopping?
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What is the main concern raised by the American Civil Liberties Union regarding the use of license-plate scanners?
What is the main concern raised by the American Civil Liberties Union regarding the use of license-plate scanners?
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Which of the following is a restriction imposed by the FAA on police drone usage?
Which of the following is a restriction imposed by the FAA on police drone usage?
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What does the Fourth Amendment to the US Constitution protect against?
What does the Fourth Amendment to the US Constitution protect against?
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What was the outcome of Nardone v. United States regarding wiretapping?
What was the outcome of Nardone v. United States regarding wiretapping?
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What is a reason given for public support of police drones?
What is a reason given for public support of police drones?
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How long does Milpitas, California retain license plate information compared to Minnesota state patrol?
How long does Milpitas, California retain license plate information compared to Minnesota state patrol?
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Which of the following describes the mixed public opinion on police drones?
Which of the following describes the mixed public opinion on police drones?
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What did the ruling in Omstead v. United States establish about wiretapping?
What did the ruling in Omstead v. United States establish about wiretapping?
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What is a common use of license-plate scanners among police departments?
What is a common use of license-plate scanners among police departments?
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What information does the OneDOJ Database provide to state and local police officers?
What information does the OneDOJ Database provide to state and local police officers?
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Which of the following statements about closed-circuit television (CCTV) cameras is true?
Which of the following statements about closed-circuit television (CCTV) cameras is true?
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What criticism is associated with the OneDOJ Database?
What criticism is associated with the OneDOJ Database?
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How does the National Crime Information Center (NCIC) assist police departments?
How does the National Crime Information Center (NCIC) assist police departments?
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What role did surveillance images play after the Boston Marathon bombing?
What role did surveillance images play after the Boston Marathon bombing?
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Which of the following is NOT included in the records maintained by the NCIC?
Which of the following is NOT included in the records maintained by the NCIC?
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What significant event is connected to Timothy McVeigh's arrest facilitated by the NCIC?
What significant event is connected to Timothy McVeigh's arrest facilitated by the NCIC?
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What is a requirement for obtaining a Real ID-compliant driver's license?
What is a requirement for obtaining a Real ID-compliant driver's license?
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What is one intended benefit of the changes made by the Real ID Act?
What is one intended benefit of the changes made by the Real ID Act?
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Under the Family Education Rights and Privacy Act (FERPA), which right is granted to students 18 years and older?
Under the Family Education Rights and Privacy Act (FERPA), which right is granted to students 18 years and older?
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Which statement accurately reflects the Video Privacy Protection Act?
Which statement accurately reflects the Video Privacy Protection Act?
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What could be a potential consequence of centralized databases according to the content provided?
What could be a potential consequence of centralized databases according to the content provided?
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What is the primary function of data mining?
What is the primary function of data mining?
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What is a requirement that newly compliant states must meet regarding Real ID by October 2020?
What is a requirement that newly compliant states must meet regarding Real ID by October 2020?
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What type of data must Real ID-compliant licenses contain?
What type of data must Real ID-compliant licenses contain?
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How does the IRS primarily utilize data mining?
How does the IRS primarily utilize data mining?
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Which of the following acts aims to protect educational records?
Which of the following acts aims to protect educational records?
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Which of the following is a source of data for syndromic surveillance systems?
Which of the following is a source of data for syndromic surveillance systems?
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Which situation highlighted the significance of the Video Privacy Protection Act?
Which situation highlighted the significance of the Video Privacy Protection Act?
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What was the significance of the Telecommunications Records Database created by the NSA?
What was the significance of the Telecommunications Records Database created by the NSA?
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What eventual ruling was made by the US Court of Appeals regarding the NSA’s telecommunications program?
What eventual ruling was made by the US Court of Appeals regarding the NSA’s telecommunications program?
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How long must rental stores destroy personal information related to rentals, as mandated by the Video Privacy Protection Act?
How long must rental stores destroy personal information related to rentals, as mandated by the Video Privacy Protection Act?
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What prompted the establishment of syndromic surveillance systems?
What prompted the establishment of syndromic surveillance systems?
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Which of the following actions did the NSA take regarding telecommunications after 9/11?
Which of the following actions did the NSA take regarding telecommunications after 9/11?
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Which method is NOT utilized by syndromic surveillance systems?
Which method is NOT utilized by syndromic surveillance systems?
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What was one outcome regarding the illegal nature of the NSA’s telecommunications program?
What was one outcome regarding the illegal nature of the NSA’s telecommunications program?
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What is the primary challenge the government faces regarding privacy in the context of national security?
What is the primary challenge the government faces regarding privacy in the context of national security?
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Which of the following best defines the term 'information dissemination' as included in Solove's taxonomy of privacy?
Which of the following best defines the term 'information dissemination' as included in Solove's taxonomy of privacy?
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What major event significantly shifted public concerns toward national security over personal privacy?
What major event significantly shifted public concerns toward national security over personal privacy?
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In what way did the USA PATRIOT Act alter privacy considerations for American citizens?
In what way did the USA PATRIOT Act alter privacy considerations for American citizens?
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What does Solove's concept of 'invasion' encompass in terms of privacy?
What does Solove's concept of 'invasion' encompass in terms of privacy?
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What is one major legislative focus regarding the regulation of databases in the context of privacy?
What is one major legislative focus regarding the regulation of databases in the context of privacy?
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Which of the following best illustrates 'data mining' practices by the government?
Which of the following best illustrates 'data mining' practices by the government?
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What is a potential risk of using predictive policing techniques?
What is a potential risk of using predictive policing techniques?
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What is cited as a flaw in the Social Security Number (SSN) as an identification system?
What is cited as a flaw in the Social Security Number (SSN) as an identification system?
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What is one argument used against the implementation of a national ID card?
What is one argument used against the implementation of a national ID card?
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What is a concern regarding the US government's terrorist watch list?
What is a concern regarding the US government's terrorist watch list?
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Which statement reflects a misconception about national ID cards?
Which statement reflects a misconception about national ID cards?
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Which President authorized secret intelligence-gathering operations inside the United States after September 11, 2001?
Which President authorized secret intelligence-gathering operations inside the United States after September 11, 2001?
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What was the primary purpose of the Carnivore Surveillance System implemented by the FBI?
What was the primary purpose of the Carnivore Surveillance System implemented by the FBI?
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What type of database was the TALON Database created to maintain?
What type of database was the TALON Database created to maintain?
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How many people inside the United States were monitored under the presidential order signed by President Bush regarding wiretapping?
How many people inside the United States were monitored under the presidential order signed by President Bush regarding wiretapping?
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Which major event led to the expansion of surveillance operations by the National Security Agency (NSA) during President Bush's administration?
Which major event led to the expansion of surveillance operations by the National Security Agency (NSA) during President Bush's administration?
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What was a key characteristic of the Carnivore system used by the FBI?
What was a key characteristic of the Carnivore system used by the FBI?
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Which reports were controversially added to the TALON Database during its operation?
Which reports were controversially added to the TALON Database during its operation?
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What was the fate of the TALON Database according to the recommendation made in 2007?
What was the fate of the TALON Database according to the recommendation made in 2007?
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What function did the NSA's wiretap operations serve after the presidential order signed by President Bush?
What function did the NSA's wiretap operations serve after the presidential order signed by President Bush?
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What was the primary reason for Brandon Mayfield's wrongful detention by the FBI?
What was the primary reason for Brandon Mayfield's wrongful detention by the FBI?
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In what year did the federal court rule the NSA's telephone metadata program illegal?
In what year did the federal court rule the NSA's telephone metadata program illegal?
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What specific type of information did the NSA collect from Verizon under the court order?
What specific type of information did the NSA collect from Verizon under the court order?
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What did the Spanish authorities confirm regarding Brandon Mayfield's fingerprint?
What did the Spanish authorities confirm regarding Brandon Mayfield's fingerprint?
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What was a major public concern regarding the proposed National Data Center in 1965?
What was a major public concern regarding the proposed National Data Center in 1965?
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Which oversight mechanism was instituted by the USA Freedom Act for NSA data collection?
Which oversight mechanism was instituted by the USA Freedom Act for NSA data collection?
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What compensation did the government provide to Brandon Mayfield for his wrongful detention?
What compensation did the government provide to Brandon Mayfield for his wrongful detention?
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What is one of the principles highlighted by the Code of Fair Information Practices?
What is one of the principles highlighted by the Code of Fair Information Practices?
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Which of the following actions did the FBI take against Mayfield without disclosing a search warrant?
Which of the following actions did the FBI take against Mayfield without disclosing a search warrant?
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What aspect of government surveillance did Edward Snowden's revelations primarily focus on?
What aspect of government surveillance did Edward Snowden's revelations primarily focus on?
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What is one limitation of the Privacy Act of 1974?
What is one limitation of the Privacy Act of 1974?
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Which of the following acts requires major credit bureaus to provide consumers with free credit reports?
Which of the following acts requires major credit bureaus to provide consumers with free credit reports?
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What is a requirement of the Financial Services Modernization Act?
What is a requirement of the Financial Services Modernization Act?
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What type of information does the Fair Credit Reporting Act limit negative entries to?
What type of information does the Fair Credit Reporting Act limit negative entries to?
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Which organization is NOT one of the major credit bureaus mentioned in the Fair Credit Reporting Act?
Which organization is NOT one of the major credit bureaus mentioned in the Fair Credit Reporting Act?
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Which of the following is a provision of the Fair and Accurate Credit Transactions Act?
Which of the following is a provision of the Fair and Accurate Credit Transactions Act?
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What does the term 'financial supermarkets' refer to in the context of the Financial Services Modernization Act?
What does the term 'financial supermarkets' refer to in the context of the Financial Services Modernization Act?
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Which of the following statements about the enforcement of the Privacy Act is true?
Which of the following statements about the enforcement of the Privacy Act is true?
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Under the Fair Credit Reporting Act, how long can negative information be retained?
Under the Fair Credit Reporting Act, how long can negative information be retained?
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What measure does the Fair and Accurate Credit Transactions Act introduce to combat identity theft?
What measure does the Fair and Accurate Credit Transactions Act introduce to combat identity theft?
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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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Description
Test your knowledge on the 16th Amendment, federal databases like NCIC, and the role of surveillance in major incidents, including the Boston Marathon bombing. This quiz covers key aspects of governmental powers and functions related to surveillance and crime data access.