What is the Electronic Communications Privacy Act (ECPA) of 1986? Please use outside resources to assist with
Question:
- What is the Electronic Communications Privacy Act (ECPA) of 1986? Please use outside resources to assist with your answer.
The ECPA act of 1986 is a legislative act that prohibits the use of wire taps in illegal circumstances (Bureau of Justice Assistance, n.d.) . This act was originally initiated to make it illegal to tap hard wired phones and listen to conversations. But since computers have evolved this legislative and others such as the Patriots act and its successor have been used to prevent unwarranted and illegal seizure or listening of information (Bureau of Justice Assistance, n.d.) .
2. Research the United States v. Councilman case. Why was this case important to the history of the Electronic Communications Privacy Act?
This case was very important to the Electronics Communications Privacy Act because it showed flaws in the act itself. The company Alibris who bought interlock was intercepting or better yet storing Amazon specific mail traffic before they sent the email forward to their mail clients. Interlock acted as a mail server such as gmail they had at interlock. They were using this capture of traffic to gain an advantage on the market, in which the case was born due to them intercepting traffic before it got to their clients. Long story short Alibris was able to win the case because the Electronic Wire Act at the time stated that "Interception" was more of listening in directly, the loophole was that the traffic was being stored before it moved forward so they were not intercepting the traffic they were storing it
3. Research a recent case of identity theft. Please explain the case in detail. Also, be sure to provide the outcome. Do you agree with the ruling?
One of the Identity cases I was able to track down was the Tinder Swindler. This mans M.O was to setup dates with women that were lavish and expensive, make them fall for him, and then setup lines of credit through them in which he would then use and leave the ladies with no money . He in the years of doing this was able to steal over $10 million dollars. He was sentenced to 15 months in prison but only served 5 before getting out. Though he was officially banned from tinder from using the service he still continued to live his lavish lifestyle after getting out of prison. Honestly, 10 million dollars is a lot of money to steal and only do 5 months for. Though it was not a violent crime, he still stole a serious amount of money. He should have had to pay back all of the money he stole on top of doing a few years in prison. But because of the ways he went about setting up these lines of credits he was able to find loopholes in the justice system to not have to do the time.
4. Find recent laws dealing with identity theft in your state of residence. If you could improve the law in one way what would you change or do differently?
A woman in Norfolk was given a 10 year sentence for engaging in identity theft. She had already served a few months back in 2009 for a similar case. She stole a women's identity and for 2 years bought cars, apartments, credit cards, and more with this persons identity. She created a entire false persona with emails, phones, mail, and much more to get away with this scam . I think 10 years is a long time but if I was the person who had their identity stolen I would probably feel as this was not enough time. But going back on my tinder swindler story he got 1 year vice her 10 year sentence and it didn't seem she stole anywhere near the amount he did.
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs