CYB320_ModuleTwoActivityWorksheet_GlendaGoulart
docx
keyboard_arrow_up
School
Southern New Hampshire University *
*We aren’t endorsed by this school
Course
320
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by DeanKookabura1119
CYB 320 Module Two Activity Worksheet Privacy and Communication Laws
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
This law declares that Congress is prohibited from enacting laws that establish a religion or interfere with the free exercise of religion. It also safeguards the freedom of speech and the
press, along with protecting the people's right to peacefully assemble and petition the government for the resolution of grievances.
This law prohibits security agencies from obtaining search warrants without substantial evidence. It also safeguards individuals from having their online content used against them or being the basis for issuing a warrant.
Fourth Amendment
This law ensures that individuals have the right
to be secure in their persons, houses, papers, and effects, safeguarding them against unreasonable searches and seizures. It explicitly states that warrants shall not be issued without probable cause, supported by an oath or affirmation, and must clearly describe the place to be searched and the persons or items to be seized.
This law acknowledges a computer as a "closed
box," which means that it can be seized by a security agency during an investigation. However, a warrant is required for the agency to conduct a search. It's important to note that
the restrictions imposed by the Fourth Amendment do not apply to private investigation agencies.
Electronic Communications Privacy Act
In 1986 this law was enacted with the aim of broadening and updating federal regulations pertaining to wiretapping and electronic eavesdropping.
This law offers safeguards for electronic, oral, and wired communications, aiming to prevent unauthorized access to any form of communication. It serves to uphold individuals'
privacy rights by ensuring that their privacy is always respected and protected.
1
Law
Briefly describe the law (3–4 sentences)
Describe the law’s effect on digital investigations (3–4 sentences)
Privacy Act of 1974
The Privacy Act of 1974 is a federal statute that
regulates the gathering and utilization of records that are maintained in a system of records concerning individuals.
The Privacy Act of 1974 is a legislation at the federal level that oversees the collection and utilization of records pertaining to individuals within a system of records.
USA Patriot Act
The USA Patriot Act was enacted with the aim of deterring and punishing terrorist acts within
the United States and globally. It also seeks to bolster the investigative capabilities of law enforcement agencies and serves other related
purposes.
This legislation grants the government the authority to conduct thorough investigations of individuals suspected of terrorism, regardless of their consent. However, investigators are obligated to adhere to privacy laws of other countries to avoid any breaches. Additionally, the law facilitates the sharing of information between different government agencies during an investigation.
Regulation (EU, Euratom) No 883/2013 of the European Parliament
Regulation 883/2013 was implemented to strengthen efforts in combating fraud, corruption, and other unlawful activities that impact the financial interests of the Union.
This legislation mandates that all institutions within the European Union provide all necessary documents for investigations, facilitating the identification of fraudulent acts and enhancing the EU's ability to detect and address such misconduct.
Part II: Case Study
2
Explain which laws apply to the case study.
Unites States vs Simons
This case is governed by two key laws, namely the Fourth Amendment and the Electronic Communications Privacy Act. The Fourth Amendment is applicable because it addresses search and seizure issues, which are relevant to the context of searching for an individual. Similarly, the Electronic Communications Privacy Act applies to this case because it specifically pertains to the protection of privacy in relation to digital files and communications.
How does knowledge of these laws affect your understanding of organizational policy creation when it comes to policies such as acceptable use, email, data storage, backup, data retention, or bring-your-own-device (BYOD)?
Gaining an understanding of these laws has had a positive impact on my personal growth, as it has made me aware of the potential consequences of certain actions that could lead to legal prosecution. Additionally, I now recognize that my devices and personal information are protected, and no individual or organization can access them without my consent. Organizations implementing policies such as acceptable use, email, BYOD, and others have the authority to enforce disciplinary measures against those who fail to comply. It is important to note that individuals cannot invoke the Fourth Amendment unless they have reasonable suspicion that their rights have been violated by the organization without a valid reason. To mitigate legal risks, organizations should ensure that the laws they establish align with the corresponding violations. Furthermore, it is crucial for the organization to promote understanding and clarity of the rules among all individuals to prevent any confusion or misunderstandings
.
Reference:
Congress.gov | Library of Congress. (n.d.). https://www.congress.gov/
3
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help