The Impact of Changing Regulations and Technology on an Organization's Privacy and Data Protection
Communications and Privacy: The Impact of Changing Regulations and Technology on an Organization’s Privacy and Data Protection Policies K.C. Halm, Davis Wright Tremaine, LLP Greg Kopta, Davis Wright Tremaine, LLP Heidi Salow, DLA Piper, LLP Overview: • Part 1 – Surveillance of Communications Networks and Services • Part 2 – Pretexting and Telephone Records Privacy • Part 3 – Privacy Restrictions Affecting Commerce Over Communications Networks • Part 4 – A Look Ahead Part 1 Surveillance of Communications Networks and Services Surveillance of Communications Networks and Services • Background and basics • Authorized interception of electronic communications and voice transmission signals • Governed by multiple legal authorities • Fourth Amendment • Wiretap Act, Pen Register/Trap & Trace Statute, Electronic Communications Privacy Act, the Cable Act, and FISA • Subject to various levels of government search authority • Court orders, warrants, subpoenas Wiretap/Surveillance Activities • Must provide “information, facilities, or technical assistance” to persons authorized by law to intercept wire, oral, or electronic communications if so directed by court order. • Normally obtained pursuant to court order, where judge finds probable cause of likelihood of the commission of certain felony offenses. • Notice Prohibited • Notice to subscriber of existence of surveillance or intercept device is prohibited, unless “otherwise required by legal process,” and then only after prior notice to the Attorney General or principal prosecuting attorney of applicable jurisdiction. Pen Register/Trap & Trace Activities • Furnish law enforcement with “all information, facilities, and technical assistance” necessary to accomplish installation of pen register or trap and trace device, if directed by court order. • Emergency installations (without court order, allowed under certain circumstances). • Results of trap and trace device must be provided to the law enforcement agent at regular intervals.
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