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It\'s about \"The Electronic Communications Privacy Act\". Here the links for a

ID: 3871608 • Letter: I

Question

It's about "The Electronic Communications Privacy Act".

Here the links for a researcher. It needs to be no less than 250 words. Need your help with this. I appreciated for your help:) Thanks, Abby

About EPCA;

http://epic.org/privacy/ecpa/

About Carnivore:

http://www.accelerated-promotions.com/consumer-electronics/usa-patriot-act-carnivore.htm

1) What sort of activity does the law known as ECPA try to regulate?

2) We already have the Fourth Amendment, so why was the ECPA (Electronic Communications Privacy Act) needed?

3) What is/was Carnivore, and why, in your opinion, did the Federal Government stop using it?

Explanation / Answer

1.The Electronic Communications Privacy Act (ECPA) is a United States federal statute that prohibits a third party from intercepting or disclosing communications without authorization. The Act, which was originally passed as an amendment to the Wiretap Act of 1968, applies to both government employees and private citizens. It protects communications in storage as well as in transit.The ECPA was amended by the Communications Assistance to Law Enforcement Act (CALEA) in 1994, by the USA PATRIOT Act in 2001 and by the USA PATRIOT Act reauthorization acts in 2006.

2.The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ECPA included amendments to the Wiretap Act, created the Stored Communications Act, and created the Pen Register Act. The Wiretap Act concerns interception of electronic and wire communications, which include "any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection.” An oral communication is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation"; this constitutes any oral conversation in person where there is the expectation no third party is listening.

3.Carnivore is a computer system developed by the FBI that can be connected to an ISP network and remotely accessed by a dial-up link. It can be configured to intercept and record digital communications. The senate recently approved the use of the Carnivore system to investigate terrorism through the Patriot Act.

Why: It used a customizable packet sniffer that can monitor all of a target user's Internet traffic.

Several groups expressed concern regarding the implementation, usage, and possible abuses of Carnivore. In July 2000, the Electronic Frontier Foundation submitted a statement to the Subcommittee on the Constitution of the Committee on the Judiciary in the United States House of Representatives detailing the dangers of such a system.The Electronic Privacy Information Center also made several releases dealing with it.

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