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Satellite Surveillance: Domestic Issues
Report that provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, followed by a discussion of legal considerations.
Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System
Report that covers the history and current status of unmanned aerial vehicles (UAVs). Particular attention is paid to recent privacy implications and potential intrusiveness of drone operations that have emerged as a significant issue before Congress. It also looks at the current Federal Aviation Administration (FAA) timeline to establish six test ranges throughout the United States to study unmanned aircraft integration technical issues.
Privacy: An Overview of the Electronic Communications Privacy Act
Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Privacy: An Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
Report that provides a short overview of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). Legal and illegal means of surveillance are noted, as well as the penalties for violations.
Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, P.L. 110-261 (H.R. 6304).
Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, P.L. 110-261 (H.R. 6304).
Spyware: Background and Policy Issues for Congress
The Anti-Spyware Coalition (ASC) defines spyware as "technologies deployed without appropriate user consent and/or implemented in ways that impair user control over (1) material changes that affect their user experience, privacy, or system security; (2) use of their system resources, including what programs are installed on their computers; and/or (3) collection, use, and distribution of their personal or other sensitive information. The main issue for Congress over spyware is whether to enact new legislation specifically addressing spyware, or to rely on industry self-regulation and enforcement actions by the Federal Trade Commission (FTC) and the Department of Justice under existing law. This report discusses this issue, as well as the opinions of both the opponents and the supporters of industry self-regulation.
Privacy Protection for Customer Financial Information
This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
This report discusses Congressional considerations regarding how to balance the federal government's growing need for sensitive or confidential business information, the public's right of access to information about government activities, and the private sector's interest in keeping its sensitive or proprietary information protected from public disclosure. The report discusses this issue in light of particularly the Freedom of Information Act (FOIA) and other similar legislation.
Privacy: An Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Privacy Protections for Personal Information Online
This report examines some of the efforts being made to protect of personal information, through federal laws and regulations. This report provides a brief overview of selected recent developments in the area of federal privacy law. This report does not cover workplace privacy laws or state privacy laws.
Federal Protection for Human Research Subjects: An Analysis of the Common Rule and Its Interactions with FDA Regulations and the HIPAA Privacy Rule
No Description Available.
Medical Records Privacy: Questions and Answers on the HIPAA Rule
This report discuses the HIPAA privacy rule, which gives patients the right of access to their medical information and prohibits health plans and health care providers from using or disclosing individually identifiable health information without a patient’s written authorization except as expressly permitted or required by the rule.
Privacy Protection for Online Information
This report focuses on one aspect of online privacy – collection, use, and dissemination of data via the Internet, and discusses related federal privacy laws and selected legislation.
U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield
This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?
This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Data, Social Media, and Users: Can We All Get Along?
This report examines policy issues surrounding the Cambridge Analytica data breach/misuse of Facebook and provides options for Congress to consider. While this event has started discussions on election security and social media company requirements to report advertising, this report addresses data security concerns without discussing the impacts or consequences of data use.
National Security Letters: Proposals in the 113th Congress
This report reprints the text of the five National Security Letter (NSL) statutes as they now appear and as they appeared prior to amendment by the USA PATRIOT Act. A National Security Letter (NSL) is roughly comparable to an administrative subpoena, used by various intelligence agencies to demand certain customer information from communications providers, financial institutions, and consumer credit reporting agencies under the Right to Financial Privacy Act, the Fair Credit Reporting Act, the National Security Act, and the Electronic Communications Privacy Act.
Privacy and Civil Liberties Oversight Board: New Independent Agency Status
This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Anthem Data Breach: How Safe Is Health Information Under HIPAA?
This report discusses the implications of the recent data breach at Anthem Inc., which raised new concerns about the vulnerability of electronic health information. Security experts question whether the Health Insurance Portability and Accountability Act (HIPAA) privacy and security standards are sufficiently protective of sensitive patient information.
Satellite Surveillance: Domestic Issues
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data.
Privacy Law and Online Advertising
This report will examine the application of the Electronic Communications Privacy Act and the Communications Act to online behavioral advertising in more detail. It is likely that in many cases these laws could be held to apply to such activities and that these methods of data collection would be forbidden unless consent is obtained from one of the parties to the communication.
Federal Information Security and Data Breach Notification Laws
This report provides an overview of federal information security and data breach notification laws that are applicable to certain entities that collect, maintain, own, possess, or license sensitive personal information.
Privacy and Civil Liberties Oversight Board: New Independent Agency Status
This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA.
Privacy Protection for Customer Financial Information
This report discusses federal laws governing consumer financial information held by financial companies, Gramm-Leach-Bliley's privacy provisions, and public and industry reaction.
Data Security: Federal Legislative Approaches
This report discusses the core areas addressed in federal legislation, including the scope of coverage (who is covered and what information is covered); data privacy and security safeguards for sensitive personal information; requirements for security breach notification (when, how, triggers, frequency, and exceptions); restrictions on social security numbers (collection, use, and sale); credit freezes on consumer reports; identity theft penalties; causes of action; and preemption.
Cloud Computing: Constitutional and Statutory Privacy Protections
This report first describes cloud computing and how it differs from traditional computing. It then describes how the Fourth Amendment and federal electronic privacy statutes apply to communications in the physical world, to Internet communications generally, and specifically to the cloud. Finally, this report surveys recent legislation and other various proposals designed to update the existing statutory framework.
Satellite Surveillance: Domestic Issues
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a "search" within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by suggesting policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.
Enforcement of the HIPAA Privacy and Security Rules
This report discusses enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) administrative simplification provisions by the Department of Health and Human Services (HHS) and the Department of Justice (DOJ), and provides an overview of the HIPAA Administrative Simplification Enforcement Rule.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA.
Ransomware Attacks Renew Foccus on HIPAA Security Sttandards
This report discuses ransomware attacks on healthcare facilities and safeguards against loss of information in such an attack through the proper implication of HIPAA regulations for patient privacy in electronic health records.
DC Circuit Holds An Agency Official's Private Email Account Not Beyond the Reach of FOIA
This report discusses the D.C. Circuit Court of Appeals decision in "Competitive Enterprise Institute v. Office of Science and Technology Policy" stating that emails pertaining to work in personal email accounts are accessible under Freedom of Information Act (FOIA) requests.
Federal government information technology: electronic record systems and individual privacy
This report addresses four major areas: 1) technological developments relevant to government record systems; 2) current and prospective Federal agency use of electronic record systems; 3) the interaction of technology and public law relevant to protecting privacy; and 4) possible policy actions the warrant congressional attention, including amendment of existing laws such as the Privacy Act of 1974 and establishment of new mechanisms such as Data Protection Board or Privacy Protection Commission.
Compilation of selected Federal and state freedom of information and privacy laws
This report is about Compilation of selected Federal and state freedom of information and privacy laws
The Role of Information in Lending: The Cost of Privacy Restrictions
This report examines the economics of information sharing in consumer credit markets by (1) explaining the role of information in the lending process; (2) describing the economic effects of credit reporting; and (3) outlining the potential economic benefits forgone by restricting consumer credit information.
Judicial Redress Act 101 - What to Know as Senate Contemplates Passing New Privacy Law
This report briefly discusses the Judicial Redress Act (JRA), a bill that would amend the Privacy Act of 1974 and could have major implications on transatlantic data flows and the global economy.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines statutory authorities, constitutional principles, and case law related to compulsory DNA extraction and analyzes potential impacts of recent developments for Fourth Amendment cases.
Electronic Communications Privacy Act of 2000 (H.R. 5018): Summary in Brief
No Description Available.
Financial Services Industry Outsourcing and Enforcement of Privacy Laws
No Description Available.
Summary of the Proposed Rule for the Privacy of Individually Identifiable Health Information
This report provides a summary of the proposed rule issued November 3, 1999 to protect the privacy of individually identifiable health information.
Financial Privacy Laws Affecting Sharing of Customer Information Among Affiliated Institutions
No Description Available.
Enforcement of the HIPAA Privacy Rule
No Description Available.
Data Mining and Homeland Security: An Overview
This report gives an overview of data mining and homeland security. The contents include what the data mining is, limitations of data mining, its uses, issues, and legislation in the 108th, 109th and 110th Congress.
Financial Privacy: The Economics of Opt-In vs Opt-Out
No Description Available.
Financial Privacy Laws Affecting Sharing of Customer Information Among Affiliated Institutions
This report provides an analysis of the current federal law and a brief description of state laws that appear to provide more consumer protection with respect to the issue of information sharing among affiliates.
Financial Privacy Laws Affecting Sharing of Customer Information Among Affiliated Institutions
No Description Available.
Domestic Drones and Privacy: A Primer
This report will provide a primer on privacy issues related to various UAS operations, both public and private, including an overview of current UAS uses, the privacy interests implicated by these operations, and various potential approaches to UAS privacy regulations.
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