Chapter 9

the two requirements for establishing a "reasonable expectation of privacy" are:

1. the person had an actual, subjective expectation of privacy 2. society accepts the person's expectation of privacy as reasonable

the Children's online privacy protection act

COPPA is a federal statute protecting the privacy of children online

Tracking tools

a computer program that tracks information about internet users

Under the ECPA

any intended recipient of an eletronic communication has the right to disclose it ISPs are generally prohibited from disclosing electronic messages to anyone other then the addressee an employer has the right to monitor workers' electronic communications

as for companies, it makes sense to establish policies providing that:

employees should never reveal their company's name on a personal blog or social media. nor should they reveal confidential or proprietary information personal blogs should contain a disclaimer that " all posting are my opinion and not those of my employers, who has neither nor vetted nor apporved them" online behavior should never be offensive, impolite or reflect badly on the employer

courts have generally held that employees do not have a reasonable expectation of privacy in the workplace, especially

if using hardware provided by the employer or if the employee handbook says they may be monitored.

Foreign intelligence surveillance act FISA

is a federal statute governing domestic spying

Electronic Communication Privacy Act of 1986 (ECPA)

is a federal statute that prohibits unauthorized interception of access to, or disclosure of wire and electronic communication, may include emails, cell phones, and social media.

Under the CAN-SPAM, commercial emails:

may not have a deceptive headings (From, To, Reply To, Subject) Must offer an opt-out system permitting the recipient to unsubscribe (and must honor those request promptly ) must clearly indicate that the email is an advertisement must provide a valid physical return address (not a post office box, and must clearly indicate the nature of pornographic messages

the fourth amendment

prohibits unreasonable searches and seizures of individuals by the government

Electronic communication

the ECPA is a federal statute governing the privacy of wire and electronic communications

An employer has the right to monitor workers' electronic communications if

the employee consents the monitoring occurs in the ordinary cource of business, or in the case of email, if the employer provides the computer systems

behavioral marking, or behavioral targeting

the practice of aiming certain advertisements at consumers based on their online behavior for Example: when ever i (eddie) go on a car sight for parts or looking around but dont purchase product. you (eddie) will recieve ads for such product that are related to them.

what happens to the violators of the ECPA

they are subject to both criminal and civil penalties

FISA provide that :

to spy on people located in the united states who are communicating abroad, the government does not need a warrant, but it must obtain permission from a secret Foreign Intelligence Surveillance Court Government agencies must delete irrelevant and personal identifying data before providing it to other agencies, and the government must notify defendants if the evidence being used against them in court was gathered in FISA surveillance

Spam

unsolicated commercial email (UCE) or unsolicsted bulk email (UBE)

the controlling the assault of non-solicited pornography and marketing act (CAN-SPAM) is a federal statute that regulates, spam but does not prohibit it. This statute applies to:

virtually all promotional emails, whether or not the sender has a preexisting relationship with the recipient