CYB 320 Module Two Activity Worksheet_Gina Taylor

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Southern New Hampshire University *

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320

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Communications

Date

Jun 19, 2024

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docx

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CYB 320 Module Two Activity Worksheet Privacy and Communication Laws Gina Taylor 03/13/2024 This worksheet has two parts that you must complete. For Part I , complete the table by filling in the two blank columns for each law. For Part II , select either the United States v. Simons case study or the Steve Jackson Games, Inc. v. United States Secret Service case study from the Module Two Reading and Resources section, then respond to the questions in the table. Part I: Laws Law Briefly describe the law (3–4 sentences) Describe the law’s effect on digital investigations (3–4 sentences) First Amendment As stated in the First Amendment, the United States Congress is not permitted to "make any law abridging the freedom of religion or prohibiting the free exercise thereof." putting restrictions on the liberty of speech of the media or peacefully gathering as a group of people to ask that their grievances be addressed by the government (Congress.gov. 2023) Members of the public are safeguarded by the First Amendment in situations when the government does not possess sufficient evidence to execute a search warrant. Additionally, it prevents them from obtaining warrants or using content from the internet against an individual. Fourth Amendment Without a warrant that is based on probable cause, backed by an oath or affirmation, and specifically describes the location to be searched as well as the individuals or property to be confiscated, the Fourth Amendment's right to privacy prevents unauthorized government officials from prying into private residences, documents, During an investigation, a law enforcement agency has the authority to seize a computer since, according to the Fourth Amendment, a computer is regarded to be a box that is enclosed. However, a search warrant will be required for the law enforcement body to conduct an investigation into the matter. Companies 1

Law Briefly describe the law (3–4 sentences) Describe the law’s effect on digital investigations (3–4 sentences) and personal belongings (Congress.gov.2023). This right to privacy is guaranteed by the Fourth Amendment. that conduct independent investigations are not subject to the restrictions imposed by the Fourth Amendment. Electronic Communications Privacy Act The 1986 Electronic Communications Privacy Act (ECPA) replaces the Stored Wire Electronic Communications Act. The Federal Wiretap Act of 1968 prohibited the unlawful tapping of "hard" phone lines, but the ECPA expanded it to include computers and other digital or electronic means of communication. The ECPA has been revised and defined by other laws, including the USA PATRIOT Act, which has loosened the powers of law enforcement access to stored communications. (<i>Electronic Communications Privacy Act of 1986 (ECPA) | Bureau of Justice Assistance</i>, n.d.). This regulation protects talks that take place in the digital, verbal, and electrical realms. This piece of law makes it illegal to gain unauthorized access to any kind of electronic communication. This act ensures that individuals' right to privacy is always protected. Privacy Act of 1974 The "Overview of the Privacy Act of 1974" is a compilation of court judgments that address the disclosure prohibition, access and modification provisions, and agency recordkeeping requirements of the Privacy Act. This compilation was done by the According to the Privacy Act, its provisions prohibit any security agency from disclosing the information of an individual that is held on its computer systems without first obtaining the subject's express 2

Law Briefly describe the law (3–4 sentences) Describe the law’s effect on digital investigations (3–4 sentences) Office of Privacy and Civil Liberties (OPCL) of the Department of Justice. References to and analyses of court rulings that interpret the Act are supplied in the Overview, which is a document that follows the contents of the Act itself. Even though it does not promise to be comprehensive, it does provide a comprehensive summary of the legislation in its current state. ( Overview of the Privacy Act of 1974 (2020 Edition) , 2022) permission. USA Patriot Act USA PATRIOT Act aims include increasing law enforcement's investigative capabilities and preventing and prosecuting terrorist acts home and overseas. Foreign countries, financial institutions, and kinds of accounts that may be exploited for illegal purposes should be rigorously investigated to help the U.S. fight money laundering and terrorist funding globally. All relevant financial services sectors must disclose money laundering suspicions. Finally, we must take stricter measures to prevent corrupt foreign officials from accessing the U.S. banking system and return seized assets. ( USA PATRIOT Act | FinCEN.gov , n.d.) Any individual who is suspected of being involved in terrorist activity may be subjected to a comprehensive inquiry by the government, regardless of whether they have given their consent. It is imperative that the investigators use caution so as not to infringe against any privacy legislation that may be in place in other countries. In addition, the Act requires that all government agencies work together to collaborate with one another when an investigation is being conducted. 3

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