Business Law

The core principles of the FIPS(Fair Information Practices) are:

-Notice/Awareness. Notice should be given before any personal information is collected. -Choice/Consent. People should be able to control the use and destination of their information. -Access/Participation. People should have the ability to view, correct, or amend any personally identifiable record about them. -Integrity/Security. Information collectors must take reasonable precautions to ensure that the data they collect are accurate and secure.

For a compliance plan to be deemed effective:

-The program must be reasonably capable of reducing the prospect of criminal conduct. -Specific, high-level officers must be responsible for overseeing the program. -The company must not place in charge any officers it knows or should have known, from past experience, are likely to engage in illegal conduct. -The company must effectively communicate the program to all employees and agents. -The company must ensure compliance by monitoring employees in a position to break the law and by promptly disciplining any who do.

a search conducted with a warrant violates the Fourth Amendment if:

-There was no probable cause to issue the warrant; -The warrant does not specify with reasonable precision the place to be searched and the things sought; or -The search extends beyond what is specified in the warrant.

To determine if forfeiture is fair, courts generally look at three factors:

1. Whether the property was used in committing the crime, 2. Whether it was purchased with proceeds from illegal acts, and 3. Whether the punishment is disproportionate to the defendant's wrongdoing.

tort of intrusion requires the plaintiff to show that the defendant

1. intentionally intruded, physically or otherwise, 2. upon the solitude or seclusion of another or on his private affairs or concerns, 3. in a manner highly offensive to a reasonable person.

language of criminal statutes be clear and definite

1. ordinary people can understand what conduct is prohibited and 2. enforcement cannot be arbitrary and discriminatory.

A defendant can be convicted of taking part in a conspiracy if:

1.A conspiracy existed, 2.The defendants knew about it, and 3.Some member of the conspiracy voluntarily took a step toward implementing it.

EU General Data Protection Regulation (GDPR)

1.Applies to any business that processes Europeans' data, including companies located outside of Europe. 2.Defines "data" as any information that can be used, directly or indirectly, to identify someone, including a name, picture, or geolocation. 3.Defines "processing" to mean anything that is done to or with a person's data, including collecting and storing it. 4.Allows people to stop companies from processing their personal data. 5.Grants individuals broad rights to their data, including the right to know how it is used, the opportunity to edit or delete inaccuracies, and the right to have it erased from the internet if it is no longer relevant or of public concern. 6.Requires data processors to notify the authorities and individuals of any data breach. 7.Provides significant penalties. Websites that mishandle their customer's information may be fined up to 4 percent of their annual worldwide revenue. Large multinationals like Google could face fines in the billions of euros.

RICO prohibits using two or more racketeering acts to accomplish any of these goals:

1.investing in or acquiring legitimate businesses with criminal money, 2.maintaining or acquiring businesses through criminal activity, or 3.operating businesses through criminal activity.

strategic lawsuit against public participation, or SLAPP

A SLAPP, or strategic lawsuit against public participation, is a defamation lawsuit whose main objective is to silence speech through intimidation, rather than win a defamation case on the merits.

The Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

restitution

A court order that a guilty defendant reimburse the victim for the harm suffered.

personal jurisdiction

A court's authority to bind the defendant to its decisions.

Subject matter jurisdiction

A court's authority to hear a particular type of case.

Right to Jury

A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer

double jeopardy

A criminal defendant may be prosecuted only once for a particular criminal offense.

Voluntary Act

A defendant is not guilty of a crime if she was forced to commit it. In other words, she is not guilty if she acted under duress

Electronic Communications Privacy Act of 1986 (ECPA)

A federal statute prohibiting unauthorized interception of, access to, or disclosure of wire and electronic communications.

phishing

A fraudster sends a message directing the recipient to enter personal information on a website that is an illegal imitation of a legitimate site.

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Misdomeanor

A less serious crime, often punishable by less than a year in a county jail.

Compliance program

A plan to prevent and detect improper conduct at all levels of the company.

Racketeer Influenced and Corrupt Organizations Act (RICO)

A powerful federal statute, originally aimed at organized crime, now used against many ordinary businesses.

Felony

A serious crime, for which a defendant can be sentenced to one year or more in prison.

long-arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

public disclosure of private facts

A tort providing redress to victims of unauthorized and embarrassing disclosures. Requires Plaintiff to show: 1. The defendant made public disclosure 2. The disclosed facts had been private 3. The facts were not of legitimate concern to the public 4. The disclosure is highly offensive to a reasonable person

Defamation

Act of harming or ruining another's reputation (Opinions are not defamatory, Statements must be verifiably false, Anonymity)

Social Media Passwords

Almost half of the states now ban employers from requesting job candidates' or employees' social media passwords

plea bargain

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence.

user-generated content

Any content created and made publicly available by end users.

racketeering acts

Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, wire fraud, and so forth.

Online Privacy Policies

California requires any website that collects personal information from its residents to post a privacy policy conspicuously and then abide by its terms. Companies collecting information from Californians (including by mobile app) must disclose their consumer software tracking policies

Fraud

Deception for the purpose of obtaining money or property. (Types: Wire Fraud and Mail Fraud, Insurance Fraud, Internet Fraud)

Employee Monitoring

Delaware and Connecticut require employers to notify their workers before monitoring emails or internet usage

Trial Courts

Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.

exclusionary rule

Evidence obtained illegally may not be used at trial.

Children's Online Privacy Protection Act of 1998 (COPPA)

Federal statute enforced by the FTC regulating children's privacy online.

Foreign Intelligence Surveillance Act (FISA)

Federal statute governing the government's collection of foreign intelligence in the United States. Now, must obtain permission from a secret Foreign Intelligence Surveillance Court (FISC). To obtain this permission, the government need only demonstrate that the surveillance 1. targets "persons reasonably believed to be located outside the United States" and 2. seeks "foreign intelligence information."

Appeals courts

Higher courts that review the trial record to see if the court made errors of law.

Discovery

If the defendant does not plead guilty, the prosecution is obligated to hand over any evidence favorable to the defense that the defense attorney requests.

Making False Statements

It is illegal to make false statements or engage in a cover-up during any dealings with the U.S. government

Disclosure of Personally Identifying Information

Minnesota and Nevada require ISPs to obtain their customers' consent before sharing any of their information, including surfing habits and sites visited.

Criminal law

Prohibits and punishes conduct that threatens public safety and welfare.

Fourth Amendment

Protects against unreasonable search and seizure by the gov.

Communications Decency Act of 1996 (CDA)

Provides ISPs immunity from liability when information was provided by an end user.

Due Process

Requires fundamental fairness at all stages of the case.

Good faith exception

Suppose the police use a search warrant believing it to be proper, but it later proves to have been defective. The search is legal so long as the police reasonably believed the warrant was valid.

What must a person show that they had a reasonable expectation of privacy and what did the court think about Chaney's expectation of privacy?

That the expectation of privacy was subjective and society would be willing to recognize that expectation of privacy as being legitimate. The court felt that even if she had a subjective expectation of privacy, she would not be able to show that it was legitimate.

Punishment

The Eighth Amendment prohibits cruel and unusual punishment.

summons

The court's written notice that a lawsuit has been filed against the defendant.

Federal Sentencing Guidelines

The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court.

embezzlement

The fraudulent conversion of property already in the defendant's possession.

Arson

The malicious use of fire or explosives to damage or destroy real estate or personal property.

Miranda Rights

The police cannot legally force a suspect to provide evidence against himself. But sometimes, under forceful interrogation, he might forget his constitutional rights.

net neutrality

The principle that all information flows on the internet must receive equal treatment.

Wiretap Act

The section of the ECPA that prohibits the interception of face-to-face oral communications and telephone calls. (doesn't protect every conversation:If one party to the conversation consents, secret recording is legal under federal law,Businesses may monitor conversations with their customers in the ordinary course of business provided they give notice,wiretap laws only protect speakers with a reasonable expectation of privacy in the conversation)

Stored Communications Act

The section of the ECPA that prohibits the unlawful access to stored communications, such as email.

Self-Incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

reasonable expectation of privacy

The test to analyze whether privacy should be protected: 1. The person had anactual, subjective expectation of privacy. 2. Society accepts the person's expectation of privacy as reasonable.

Larceny

The trespassory taking of personal property with the intent to steal it.

beyond a reasonable doubt

The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial.

It is illegal to knowingly employ unauthorized workers

Thus, employers are required to verify their workers' eligibility for employment in the United States

Money laundering

Using the proceeds of criminal acts either to promote crime or conceal the source of the money.

Entrapment

When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime

Arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty

Internet service providers (ISPs)

are generally prohibited from disclosing electronic messages to anyone other than the addressee, unless this disclosure is necessary for the performance of their service

Inevitable discovery

evidence that would have been discovered even without the illegal behavior on the part of the police

Independent source

exception to the exclusionary rule permitting the use of evidence discovered independent of any improper search or seizure

Occupational Safety and Health Act of 1970 (OSHA)

federal law setting and enforcing guidelines for protecting workers from unsafe conditions and potential health hazards in the workplace

most common punishment for a corporation

fines

Forfeiture

government seizure of property and other assets derived from or used in criminal activity

Cop gets his work phone checked because he reaches texts limmits:

if the search was "justified at its inception" and if "the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the circumstances giving rise to the search."

data disposal laws

mandate that businesses destroy customer data and maintain reasonable security procedures to guard against theft

Searches without a Warrant:

plain view, stop and frisk, emergencies, automobiles, lawful arrest, consent, no expectation of privacy

The Foreign Corrupt Practices Act (FCPA)

prohibits American companies from paying bribes overseas.

Identity Theft and Assumption Deterrence Act of 1998

prohibits the use of false identification to commit fraud or other crime and it also permits the victim to seek restitution in court

The Stored Communications Act (Title II of the ECPA)

prohibits unauthorized access to or disclosure of stored wire and electronic communications. The definition of electronic communication includes email, voice mail, and social media. But, any intended recipient of an electronic communication has the right to disclose it.

federal Computer Fraud and Abuse Act of 1986 (CFAA)

prohibits: -Accessing a computer without authorization and obtaining information from it, -Computer espionage, -Theft of financial information, -Theft of information from the U.S. government, -Theft from a computer, -Computer fraud, -Intentional, reckless, and negligent damage to a computer, -Trafficking in computer passwords, and -Computer extortion.

data breach laws

require businesses to notify individuals affected by a security breach

Reader Privacy

states, such as Arizona and Missouri, prohibit libraries from disclosing their patrons' reading habits. California and Delaware prohibit online booksellers from sharing the list of books browsed, read, or purchased by their customers

Spear phishing

that involves personalized messages that look as if they have been sent by someone the victim knows.

Violence

the First Amendment may protect offensive or outrageous speech, it does not protect threats of violence against individuals.

Indictment

the act of accusing; a formal accusation

If an agent commits a criminal act within the scope of his employment and with the intent to benefit the corporation

the company is liable

Anonymity

the condition of being unknown

Revenge Porn

the unauthorized posting of sexually explicit photos of someone else, often with the intent to embarrass or shame