Upgrade to remove ads

Only $2.99/month

Block Review Questions- From Block 6

Terms in this set (95)

Fourth Amendment

Limits the ability of the govt. to search and seize evidence without a warrant

examining of something or someone in order to discover content of any concealed item

Ask if the individual believes they had a reasonable expectation of privacy

Determines if society thinks this person's expectation is something that they would believe as well

Network Monitoring (AF 4th amendment)

DoD policies are written to monitor activities. Therefore your "expectation of privacy" is diminished

Third Party Doctrine

Individuals can lose 4th Amendment protection when those individuals relinquish control of that information

Consent of Electronic Communications

During Transmission- protected under 4th Amendment
After Received- not protected under 4th Amendment

Disclosure by third party to govt.

When information is disclosed by third party to govt. regardless of expectation- does not violate 4th amendment rights

Private workplace usually requires a warrant unless authorities gain consent from employer or co-worker

Less protections due to monitoring policies

Notification of Monitoring

Make sure the user is aware they are being monitored as to eliminate "expectation of privacy"

Improper Enforcement

Must be enforcing the policy in order to eliminate "expectation of privacy"

Explicit Consent

-"Direct Consent"
-Person clearly gives or does not give consent

Implicit Consent

Individuals enter into agreement with a third party with a certain understanding.
ex: driving on base - have the right to search your property

CDA (Cyberspace Defense Analysis)

tool used to monitor and track communications devices

records or decodes dialing, routing, addressing, or signaling information
(ex: Dialing the phone number - outbound)

Trap (pen/Trap)

captures incoming electronic impulses that identify the originating dialing, routing address, and signal info.
(ex: Caller ID - Inbound)

Both incoming and outgoing information recorded

The Wiretap Act (title III)

Protects the actual content of a message

Title III exceptions

-The Providers exception
-The consent exceptions
-The computer trespasser exceptions
- Inadvertently obtained exception

The providers exceptions

Service providers rights to intercept and disclose communications to protect the providers rights or property

Consent of a party

-Follows Federal guidelines
-Only need one party to consent to monitoring

Computer trespasser exception

Allows law enforcement to monitor network activity in order to gather evidence of a crime committed by a trespasser

Inadvertently obtained Criminal Evidence

If you accidentally intercept information not maliciously , you can turn in the information

Stored Communications Act

2701- prohibits unlawful access to certain stored communications
2702- regulates voluntary disclosure by network service providers
2703- code for federal/state law enforcement officers to compel disclosure of stored communications

Electronic Communication Services (ECS)

Electronic facilities used for the transmission of wired or electronic communications

Remote Computing Service

-Off-site computer that stores or processes data for a computer
- Provides services to public

Voluntary Disclosure

- "Not available to the public"
- may freely disclose both contents and records relating to stored communications

General Guidance

- Unless acting under authority of a warrant
- law enforcement agencies cannot monitor communications using govt. network

Law enforcement/provider exception

-Network admins monitor communications that traverse their network
- Allows admins to disclose this information

Law enforcement/computer trespassers

-Law enforcement cannot ask admins to monitor networks for their case
- must be an active case open and know that intruder is already there

Privacy Act 1974

Balance the govt. need to maintain info about individuals, with the rights of the individuals being protected

Privacy Act 1974 - who it covers?

-U.S Citizens
- Aliens lawfully admitted for permanent residence

Any item, collection or grouping of information about an individual that is maintained by an agency
(Ex: Birth certificate, SSN Cards)

System of records

A group of any records under the control of an agency

Limiting the information maintained

Minimal amount of stuff to accomplish the mission (goal)

Collecting Information from the individual

Getting information from the "individual" and not someone else

"No disclosure without consent"

Must give consent to give out personal information

"No disclosure without consent" exceptions

-Need to know within agency
- required FOIA disclosure
-Routine uses- use for intended purpose only
Disclosure to census bureau
-Statistical Research
-National Archives
-Law Enforcement Request
-Emergency circumstances
-Congress
-General Accountability Office
- Court Order
- Debt Collector Act

Doctors and Insurance companies can have your information without consent and not violate HIPPA

Psychotherapy special rule

cannot disclose information unless:
-Break the law
-Hurt yourself
-Hurt others

Privileged communications

cannot disclose information under any circumstance
- Chaplin
-Defense attorney

Exclusive rights to the creator of an original limited period of time upon disclosure
-media, CDs, Music Books, Videos

The idea of implementation

-registration is required
-20 year limitation

-Keeps the consumer from brank confusion
-protects the branding of items

DCMA (Digital Millennium Copyright)

Protecting digital media
(ex: Illegal downloading of movies)

Four Safe Harbors

- Transitory digital network communications
- System caching
- Information residing on systems or networks
- Information location tools

Transitory digital network communications

Provider is not held liable if misuse of network
(Cannot actively enable)

No liability for a system that automatically caches information

Information Residing on Systems or Networks

(Hosting)
Provider cannot be held responsible for storage of infringed data
(users are held liable)

Information Location Tools

Search engines will not be held liable for copyrighted material

If you find illegal activity happening and do not try to stop it you will no longer fall under safe harbor
-Actual red flag knowledge

Copyright Infringement

Two Types:
-Vicariously
-Contributory

Vicarious infringement

Contributory Infringement

-Add to or moving items that are copyright
- when someone knows infringement is happening and participates without financial gain

Process to remove copyright:
-Contact legal office
-Verify the notice
-Promptly remove/disable access
-Notify person it was removed
-replace material unless they proceed with infringement action (10-14 days)

International Org and treaty law

-Made up of treaties
- voluntary agreement between two or more countries

Enable communications between nations
(192 members)

War through self defense

Two types:
"Armed Attack"- you can go to enemy space to attack (can use defense)
"Use of force"- If you are attacked, you can stop attack but do not attack enemy space

Convention on CyberCrime

-Countries won't use cyber attacks against each other
- Only piece of cyber legislature to date

Three people covered:
-lawful combatant- Red forces - have permission people who fight in military setting
-unlawful combatant - people who arm themselves to fight
-non-combatant- civilian, no uniforms, chaplin, medic

Principles of LOAC

Five Types:
Military necessity- minimum degree of force (will it further the war?)
Distinction- Do not harm civilians
Proportionality- Is attack force warranted, weigh whether civilian casualties are worth it
Humanity- prevent unnecessary suffering
Chivalry - Don't shoot red cross or use hospitals for hostile location

Individual responsibilities

-Tactical level
- what your allowed to do in combat
- clear concise and simple

intel Oversight

-intelligence collection of U.S Citizens
- for DoD and military purposes only

Collection of Intel - Questions

#1- Is it your mission
#2- 13 exceptions
#3- do you have appropriate approval

moral framework to determine what is right and wrong

Individuals subject to UCMJ

Jurisdiction of Court Martial

Principal who commits crime

Accessory After the fact

Disobeying lawful orders

Abandoned or captured properties

Aiding the enemy

Misconduct as prisoner

False Statements

non-govt property

Conduct non-becoming of an officer

The General Rule

Rights Advisement

(Article 31)
Two Questions:
- Do you suspect them of committing a crime
- Do you expect their response to be incriminating

Officer has authority to take criminal into custody based off of word
(confinement up to 72 hours)

-Telecommunications and Spectrum management
-federal jurisdiction

-Forensics
-Recover last data
-Analysis
(DoD)

-Criminal Investigations (AF)

FBI- Cyber Crime

-Cyber crimes on U.S Soil
-Computer intrusions
-Ransomware

-Cyber crime within U.S Border
-National effort to secure America

-Works collaboratively with public and private sector

Regulate Tv, Radio, Satelite and cable
(Think Slim Shady)

Interagency Coordination

-Multi-agency
-Share Data

DHS Security Council

Homeland Defense and Civil Support

Direction for policy, program planning, and execution

YOU MIGHT ALSO LIKE...

UCT Law V2

81 terms

CH 4

83 terms

Chapter3

63 terms

Law chapter 7

40 terms

OTHER SETS BY THIS CREATOR

Block 5

68 terms

Block 5

109 terms

Ch. 9 Implementing Ethernet Virtual LANs

51 terms

UCT Block 5

19 terms