Which of the following Acts enacted in United States allows the FBI to issue National Security Letters
(NSLs) to Internet service providers (ISPs) ordering them to disclose records about their customers?
A.
Electronic Communications Privacy Act of 1986
B.
Wiretap Act
C.
Computer Fraud and Abuse Act
D.
Economic Espionage Act of 1996
Explanation:
The Electronic Communications Privacy Act of 1986 (ECPA) was enacted by the United States
Congress to extend government restrictions on wire taps from telephone calls to include
transmissions of electronic data by computer. Specifically, ECPA was an amendment to Title III of the
Omnibus Crime Control and Safe Streets Act of 1968 (the Wiretap Statute), which was primarily
designed to prevent unauthorized government access to private electronic communications. The
ECPA also added new provisions prohibiting access to stored electronic communications, i.e., the
Stored Communications Act,18 U.S.C. 2701-2712. The ECPA also included so-called pen/trap
provisions that permit the tracing of telephone communications. Section 2709 of the Act allows the
FBI to issue National Security Letters (NSLs) to Internet service providers (ISPs) ordering them to
disclose records about their customers.
Answer option D is incorrect. The Economic Espionage Act of 1996 makes the theft or
misappropriation of a trade secret a federal crime. Unlike Espionage, which is governed by Title 18
U.S. Code Sections 792 – 799, the offense involves commercial information, not classified or national
defense information. This law contains two sections criminalizing two sorts of activity. The first, 18
U.S.C. 1831(a), criminalizes the misappropriation of trade secrets (including conspiracy to
misappropriate trade secrets and the subsequent acquisition of such misappropriated trade secrets)
with the knowledge or intent that the theft will benefit a foreign power. The second section, 18
U.S.C. 1832, criminalizes the misappropriation of trade secrets related to or included in a product
that is produced for or placed in interstate (including international) commerce, with the knowledge
or intent that the misappropriation will injure the owner of the trade secret.
Answer option B is incorrect. The Wiretap Act (18 U.S.C. 2510) is a sequence of title III of the
Omnibus Crime Control and Safe Streets Act of 1968. It makes it illegal for anyone to intercept or
disclose intercepted telephone communications, unless so ordered by a court of competent
jurisdiction. In order to protect the integrity of the courts while also ensuring the privacy of citizens
was not violated the Act provided a legal framework within which wiretaps and interceptions of
communications could be used. The Act requires a court order authorizing the use of such measures
against U.S. citizens, with penalties for those who do not get such authorization.
Answer option C is incorrect. The Computer Fraud and Abuse Act is a law passed by the United
States Congress in 1984 intended to reduce cracking of computer systems and to address federal
computer-related offenses. The Computer Fraud and Abuse Act (codified as 18 U.S.C. 1030) governscases with a compelling federal interest, where computers of the federal government or certain
financial institutions are involved, where the crime itself is interstate in nature, or computers used in
interstate and foreign commerce. It was amended in 1986, 1994, 1996, in 2001 by the USA PATRIOT
Act, and in 2008 by the Identity Theft Enforcement and Restitution Act. Section (b) of the act
punishes
anyone who not just commits or attempts to commit an offense under the Computer Fraud and
Abuse Act but also those who conspire to do so.
http.//cpsr.org/issues/privacy/ecpa86/