EDUCAUSE | Government Documents, Laws, Testimonies or Reports and Federal Privacy Law

Information Security and Data Breach Notification Safeguards

ckeller — Tue, 31 Jul 2007 11:18:57 -0500

This Congressional Research Service report analyzes the Privacy Act, the Federal Information Security
Management Act, Office of Management and Budget Guidance, the Veterans Affairs Information Security Act, the Health Insurance Portability and Accountability Act, and the Gramm-Leach-Bliley Act. This report will be updated.

Warshak v. USA

ckeller — Tue, 26 Jun 2007 11:19:54 -0500

A three-judge panel of the 6th U.S. Circuit Court of Appeals has held unanimously that the Fourth Amendment applies to e-mail. When it comes to government searches, e-mail is analogous to a sealed envelope. As a result of the case, Warshak v. USA, certain laws allowing warrantless access to e-mail, such as the Stored Communications Act and various provisions of the USA PATRIOT Act, are unconstitutional, at least within the jurisdiction of the 6th Circuit Court (Ohio, Michigan, Kentucky, and Tennessee). The court pointedly recognized the evolving role of e-mail: "It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past."

While civil liberties groups and others applauded the decision and termed it "landmark" and a "blockbuster," noted privacy expert Orin Kerr, professor of Law at George Washington University, said the case was "obviously wrongly decided" and called it "a dramatic break with decades of Fourth Amendment practice that the Supreme Court long ago foreclosed." The Justice Department may appeal the decision to the full 6th Circuit Court or to the Supreme Court.

Report to the President on Issues Raised by the Virginia Tech Tragedy

ckeller — Tue, 19 Jun 2007 11:24:28 -0500

The President directed top officials at the Departments of Education, Justice, and Health and Human Services to participate in a federal review of the broad questions raised by the shooting tragedy at Virginia Tech.

This report is a review of their findings and includes recommended actions the federal government can take to support state and local communities and ensure that the federal government and federal law are not obstacles to achieving these goals.

Congresswoman Degette's Proposed Amendment on "Record Retention by ISP's"

drupal — Wed, 13 Sep 2006 17:10:14 -0500

U.S. Representative Diana DeGette's proposed amendment regarding the requirement of internet service providers to retain information about subscribers for at least one year.

JOHN DOE, et al.v. ALBERTO GONZALES: RULING ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION [Dkt. No. 33]1

drupal — Mon, 12 Sep 2005 09:54:36 -0500

Recently, Judge Hall in Bridgeport, CT issued her opinion in ACLU v. Gonzales, holding that the gag order associated with the National Security Letter received by an anonymous ALA member violated the First Amendment. The government has until September20th 2005 to appeal.