They are also required to assess and address risks to customer information in all areas of operations, including employee management and training, information systems, and detecting and managing system failures. They must address what information is collected and stored as well as whether there is a business need for that particular information.
Depending on the type of business operations, privacy laws govern how companies collect, store, and use customer identifiable information. It is important for business administration to ensure the company is in compliance with all federal and state privacy law to avoid consequences and losses stemming from security breaches of sensitive customer information. y doing so, customers build confidence in doing business with the organization.
Clearinghouse, Privacy Rights. Fact Sheet 6a: Facts on FACTA, the Fair and Accurate Credit Transaction Act. Mar 2013. Document. 23 Apr 2013.
Deybach, G. "Identity theft and employer liability." Risk Management, 54(1) (2007):…… [Read More]
Criminal Laws vs. Privacy Laws
This paper will attempt to answer the question, "Can a private investigator or internal auditor, for the sake of clarifying an allegation/suspicion of fraud, breach the privacy regulations in order to access some personal information?" For the sake of argument, we will say that the answer is "No." This leads to another question, "Where should we draw the line between public interest and privacy interest?"
Here in the United States, it has almost gotten to the point where there is no privacy anymore. Anyone with access to a computer and the money to pay for it can pull up any type of information wanted or needed about another person. This includes criminal records, employment records, driving records and monetary records. If you watch television shows about private investigators or detectives, you see that they can access any information about an individual at any time, without…… [Read More]
More specifically, it stated that an individual who is under the care of any health organization, public or private, be it mental or physical health is subject to: (i) procedures of privacy rights. Namely that information regarding his health or person cannot be revealed to others without his or her permission, and (ii) that there should be established procedures for the exercise of these privacy rights (Ibid.).
The advantages with HIPAA is that it gives individuals control over their health information, as well as establishing national standards that health care providers must comply with and helps to limit inappropriate manipulation of individual by health care facility or corruption of its ethical procedures.
A problem with HIPAA, however, is that the mechanism used to authenticate a patient and to enable him access to his or her private records is the individual's social security identification. This alone is problematic in that…… [Read More]
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…… [Read More]
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]
Both the Privacy Act and the FOIA is very relevant in the present issues that the country is addressing at present. The extra measures that the Bush government is implementing to prevent another terrorist attack resulted to non-disclosure of federal records to the public, and the ease of obtaining information about individuals, especially when the government considers the individual a possible link, suspect or threat to the government. These measures demonstrate a violation of the very functions of both laws, a most-debated upon issue nowadays, as America continues to be weary and fearful of possible future terrorist attacks.
Hall, D. (2006). Administrative Law: Bureaucracy in a Democracy. NJ: Prentice…… [Read More]
law comm. tech
Innovations in Database Communication Technologies for Law Enforcement
The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.
Mobile Data Terminals and Facial Recognition:
Both Mobile Data Terminals and…… [Read More]
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]
Privacy in the Workplace
The importance of privacy has risen over the years and its handling has become extremely crucial lately. Defaulting organisations have been faced with serious legal actions and thus, companies have taken a higher interest in the conversations of their workforce. However, this effort of the employer aimed at monitoring the activities of workers isn't as smooth as it should be due to the right of the employee to personal privacy.
The right of the workers to workplace privacy has caused several court cases recently, mostly due to the digital revolution of business communication i.e. emails, memos etc. Technological developments have made it possible for all form of digital communication as well as Internet use in the workplace to be placed under surveillance. Although employees have their reservations about this, the employers are protected by the law. However, other actions of the workers like confidential discussions and…… [Read More]
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…… [Read More]
Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact…… [Read More]
Employee Privacy Torts
History of Employee Privacy
Changing Trends of Employee Privacy
Impact of Innovative Technology on Employee Privacy
ole of Social Media towards Employee Privacy
Impact of Changing Community/Society on Employee Privacy
Adaptation to the new Environment pertaining to Employee Privacy
Employee Monitoring and Surveillance
Laws and Employer Policies for Text Messaging and Social Media
Electronic Communication Privacy Act
Monitoring of Employee Conversations over Telephone & Email
ecommendations for creating Effective Policies
Future Implications of Employee Privacy
As years have passed and the human race has penetrated into the epoch of twenty first century, the technological advancements have conquered almost every facet of human life, especially the workplace. The widespread platform of the internet has become the integral part of a person's life, in the same manner as businesses are employing technological advancements to perform numerous activities like internet infrastructure, maintenance of computers and so on. It means that…… [Read More]
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…… [Read More]
This is achieved by forcing them to maintain a list of individuals who do not wish to be conducted about purchasing a variety of products and services. Furthermore, these protections were enacted to ensure that businesses are not engaging in tactics that are abusive by limiting the times when they can call and what they can say. (Caudill, 2000)
In contrast with the Consumer Privacy Bill of ights, the proposed regulations are designed to enhance protections. This is occurring over the Internet vs. On the telephone. These differences are showing how there is a loop hole in existing regulations as to how these laws are applied. The new guidelines are building upon the provisions from the Telephone Consumer Protections Act of 1991 by establishing procedures as to the way confidential information is used and collected from firms. This is occurring is through placing limits on an organization's online activities. ("Consumer…… [Read More]
Portability vs. Privacy
Electronic Medical ecords (EM) refers to the digital version of papers containing all the medical history of a patient. EMs are mostly applied in healthcare institutions for treatment and diagnosis.
Benefits of Electronic Medical ecords
The following are some of the benefits associated with electronic medical records (Thede, 2010). EMs are more efficient than paper records because they encourage providers to:
Track patient's data over time
Spot clients who are due for screening and preventive visits
Conduct patient monitoring to measure their parameters including blood pressure and vaccinations
Improve the overall quality of service provision in the practice
Electronic medical records store information in a manner that makes it impossible for outsiders to access. It might be necessary to print patients' medical records and delivered through the mail to other health care members or specialists.
HIPAA egulations and EM
The federal government passed the Health Insurance Portability…… [Read More]
S. Department of Health and Human Services, 2011). Furthermore, subpart C explains the privileges and the protections of confidentiality that is attached to the patient's record along with much exception (U.S. Department of Health and Human Services, 2011).
The penalty for anyone who breaks confidentiality is imperative. In "November, 23, 2009" was increased to $11,000 (U.S. Department of Health and Human Services, 2011). This goes for anyone in the medical field or has access to this information. A person has to follow HIPAA precisely or face a huge fine. If one thought of this ahead of time, whether or not they own a business, then no issues would arise legally. However, sometimes this does occur, especially for those who want to harm another person, yet in the medical field the goal is not to do this to any individual, regardless, otherwise he or she could face losing their license in…… [Read More]
Unfortunately, many consumers may not be aware of their photographic image being used in this fashion and even if they were, existing privacy laws fail to provide any substantive protections. For example, in response to these trends, the Harvard Law eview published an essay entitled, "In the Face of Danger: Facial ecognition and Privacy Law," with a majority of the article describing how "privacy law, in its current form, is of no help to those unwillingly tagged" (2007, para. 3). These issues have become even more salient because of the proliferation of social networking sites as discussed further below.
Privacy within social networking sites
Currently, there is a wide array of social media networks available, including social sharing sites such as YouTube and Flickr and social networks such as Linkedln and Facebook (Hensel & Deis, 2010). Others such as Spokeo and Twitter have become the virtual meeting places of choice…… [Read More]
Geolocation of the user based on the user's Internet protocol (IP) address. Location-based service companies that specialize in identity protection use this approach, and IP addresses, blocks of IP addresses and credit card billing addresses can all be used to develop a location profile.
2. Personal computer/web browser identification examines the hypertext transfer protocol (HTTP) browser header and other information from the user's computer or device, and compares them to what are expected. This approach compares the time expected from a user's originating geolocation with the actual timestamp that was applied to the information (Malphrus, 2009).
Taken together, these trends in geolocation technologies indicate that like it or not, consumers will increasingly be subjected to situations in which their precise geolocation is known and broadcast to others who may want to use this information for illegal or unethical purposes and these issues are discussed further below.
Legal Implications of Geolocation…… [Read More]
Times change and so do social institutions. When the laws protecting our privacy were originally drafted there was not even the notion of email. Such a concept was so futuristic as to be well beyond the most imaginative of the Founding Fathers. Today, however, emails have become a regular course of communication between members of society and, as such, they deserve attention. Do they fall within our expectation of privacy or does their digital nature make them automatically public?
The legal case that brought this issue to the forefront was that of a young marine, Lance Corporal Justin Ellsworth of Michigan (Chambers, 2009). Ellsworth was killed in action in Iraq in 2004 but prior to his death he had written emails to this family and friends. After his death, his family requested the email provider, Yahoo, to grant them access to Ellsworth's account but Yahoo refused to honor…… [Read More]
According to the current laws, which are not really up to speed yet, an employer can monitor employee email if he or she has a legitimate business purpose for doing so. There is a belief that, because the employer has an email and computer system for employee use, the computer system (as well as the resulting email and browsing history) is the property of the employer. hile this makes sense, some states have enacted 'right to privacy' laws so that companies cannot make this claim against their employees and cannot monitor what they do on the Internet during company time. It then becomes difficult to balance the need to supervise and control employees with the need to make sure that those same employees' rights are not being violated by their employers. There is no clear legal rule as to what is acceptable and what is not in the field of…… [Read More]
Employee Handbook Privacy Section
ABC Widget Company: Employee Handbook Privacy Section
What privacy rights issues should be addressed?
In the Age of Information, there are increasing concerns being voiced about what can legitimately be expected to be kept private, and how these issues affect employees' rights in the workplace. According to Hayden, Hendricks and Novak (1990, most adults spend approximately one-half of their waking hours in the workplace today, and it is therefore not surprising that employment practices affect a broad range of privacy rights. With the sole exception of polygraph ("lie-detector") testing, there are not many areas of workplace activities that are addressed by the U.S. Constitution or national privacy laws. As a result, employers in the United States have a great deal of flexibility in collecting data on their employees, regulating their access to personnel files, and disclosing the contents of employee files to those outside the organization.…… [Read More]
This information, stored on a computer and used to correlate with other data could be considered invaluable by many researchers, but the patients have a right to keep certain information private, and to suggest anything else would be an ethical violation of the patient's privacy.
Because computer ethics is such a volatile issue, an entire branch of study has grown up around computer ethics, which proponents who believe the computer age caused these ethical issues, and others who believe these issues would have surfaced anyway. One of the proponents of computer ethics, who actually was the first to teach the concept, Walter Maner, from Old Dominion University, is a proponent of the computer creating brand new ethical issues. An expert quotes Maner, "For all of these issues, there was an essential involvement of computing technology. Except for this technology, these issues would not have arisen, or would not have arisen…… [Read More]
protect the privacy of the individual via EU Directive for Protection of Personal Data
The internet revolutionized the human life as we know it. It established a culture of liberty aided by not just ingenuousness but also standardized protocols. This was achieved by transmitting the essential products for business-related growth, adopting a model of governance with no formal existence of regulations along with free availability of abundant software packages. This internet revolution can't be underestimated as it has its pros and cons, which also comes under discussion in this paper. With the surging popularity of internet, there happen to be a plethora of new dilemmas knocking at the door. There are tons of merits of Internet for that matter while its demerits have been ignored and hidden along the sidelines. These issues have materialized in the preceding decade and the demand is urgent to solidify a legislation which is tasked…… [Read More]
Cloud Security and Privacy
Cloud computing's exponential growth is fueling a corresponding need for greater compliance, governance and regulations to ensure data and knowledge are secured and accessed for intended use. A regulation by definition is a rule or law, and has inherent within its definition support for compliance and enforcement (Halpert, 2011). egulations differ from legal frameworks or standards in that the former is broadly protective and more focused on protecting shareholder value, ensuring corporate responsibility and also defining disincentives for recklessness or wrongdoing (Halpert, 2011). The purpose of this analysis is to analyze the top five security regulations for business and government.
Analysis of the Top Five Security egulations for Businesses and Government
The top five security regulations provide laws governing the use of digital assets including cloud computing platforms and applications, with the specific purpose of ensuring personal and corporate data, information and knowledge are protected.
The…… [Read More]
Internet Privacy for High School Students
The unrestrained stream of information is conceived necessary for democracies and market-based economies. The capability of the Internet to make available the vast quantity of information to practically everyone, irrespective of their locations thus entails large benefits. The Internet provides access to the greatest libraries of the world to the students even in the smallest towns and permit the medical specialists to analyze the patients situated about thousands of miles away. The attribute of interactivity of the Internet fosters communication and personal and political expression. The Internet also assists to make the economies progress as it enhances the ease, speed and cost effectiveness with regard to the collection, compilation and delivery around the world to the multiple extent. The electronic commerce will decline the business costs as companies are able to take the benefits of enhanced access to customers, products and suppliers worldwide along…… [Read More]
Consumer's Privacy Bill Of ights
The Obama Administration proposed the Consumer's Privacy Bill of ights in 2012 as a roadmap for future legislation. The legislation was put forth on the premise that a huge portion of personal information gathered by American-based businesses regarding their customers and probable customers was still mostly unregulated (Sanders, 2012). In the past few years, the privacy of consumer information that is collected by businesses has been an issue that has attracted considerable debates and huge concerns. This is primarily because United States citizens have always valued their privacy. Actually, from the beginning of the republic, they have always been guaranteed protection against any violation of privacy, especially in relation to interruption of personal information and property.
Consumer privacy has become an issue of considerable attention in today's society because of the increased use of the Internet, particularly smart phones and the World Wide Web. The…… [Read More]
In general, the CDT urges the enactment of legislation organized around FIPs. Such practices are guided by certain principles: transparency; individual participation; purpose specification; data minimization; use limitation; data quality and integrity; security; accountability and auditing. (CDT Comments, 10-11). These principles have been at the heart of privacy legislation since the Privacy Act of 1974. (Dep't of Homeland Security).
For example, the CDT advocates for consumer privacy legislation that regulates both the online and offline data collection and management practices by advertisers and that authorizes the Federal Trade Commission to make regulations specifically targeted at these practices. (CDT Comments, 3). With respect to DPI, the CDT has asked Congress and the European Union to engage in fact-finding about how ISPs are using DPI, so that privacy legislation can be designed to distinguish between the legitimate and illegitimate uses of DPI. (CDT Comments, 5-6)
The only thing consistent about the…… [Read More]
While Swindle's solution is a start, more thought is needed in addressing privacy issues over an international Internet.
Smith, Sylvia. 2006. "Neutrality' backers fear Net censorship." Journal-Gazette. July 17: page 1.
Smith's article raises other concerns regarding government regulation -- that of restricting price increases for telephone companies, the cable industry and Internet Service Providers. These providers have argued that restricting how much they can raise their fees will compromise the development of the technology, and may pave the way for unequal access to information technology. Cyber-businesses, on the other hand, argue that if Congress takes a "hands-off" approach, these private companies are in a position to monopolize access to the Internet, and to practice censorship.
For consumer advocates and cyber-businesses, the solution should be a government-instituted policy of "net neutrality." Instead of addressing the fee issues, there should be a law specifically stating that service providers could regulate access…… [Read More]
Electronic Privacy Control Act of 1986 address?
The ECPA addressed a variety of issues regarding the collection of information by government agencies using electronic devices. For instance, it placed more restrictions on wire tapping, such as the transmission of data via computer. It also addressed issues regarding the retrieval of data stored on a drive and the use of pen traps for tracing phone calls.
In actuality, however, the Act addressed the needs of government agencies to have permission to tap into communications and stored data files of networks and providers. The Act allowed such agencies to request warrants to obtain such information by broadening the list of crimes for which said collection methods could be lawfully used. So while technically the Act was said to place new limits on law enforcement "snooping," it actually expanded those limits in terms of the justification that could be used to request a…… [Read More]
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]
This will pevent the employee fom claiming that they had thei basic civil ights violated.
In the futue, once new changes ae intoduced (fom tansfomations in technology), is when thee will be new policies implemented. Duing this pocess, eveyone will have to go though a new couse that will explain these guidelines. Afte they have finished, is when they will sign anothe disclosue document.
If the kind of appoach was used by employes, it will help to avoid many of the legal challenges that ae impacting fims. This is because executives ae taking the Iowa Supeme Cout guidelines and ae going beyond them. In the event that they ae sued, the fim can demonstate that they ae doing above what is equied (when it comes to these challenges). It is at this point, that an employe can stike a balance between monitoing the activities of staff membes and potecting thei…… [Read More]
Privacy and Security in Housing
Men has learned different methods of building roads, buildings, houses, bridges and highways but the basics of architecture and the purpose is still same. The roads are for travelling and transportation while the houses are to provide shelter, security and privacy to the individuals and families. Houses save people from bad weather, vulnerabilities and privacy issues. While the basic need and purpose is same, there have been extra necessities that arrived with time as the lifestyle of the people changed (Building Basics: Architecture, 2013). The needs of security and decoration have increased over time thus the people want their residential buildings to be designed with much more care than they used to be in past. The design of houses comes into mind as collection of rooms, sitting areas, balconies, courtyards and garages. While the windows, doors, balconies and courtyards give a feeling of openness…… [Read More]
Privacy" Does Not Love an explores darkness lurking beneath dom
James Adcox's novel Love Does Not is many things; a dystopian fantasy, a biting satire, a tale about the perversity of love. Yet it is also a scathing social commentary about the state of privacy in the world today -- and in America in particular -- in the wake of the burgeoning ar on Terror. Beneath the undercurrent of sex, intrigue, and murder, lies a pervasive sense of espionage and an abandonment of the right of individuals to enjoy basic civil liberties such as privacy. hen interpreted with this perspective, the novel is one in which characters and scenes are carefully constructed to illustrate the gradual eroding of the very laws that were initially formed to guarantee autonomy and an egalitarian, republican state as envisioned by the Founding Fathers. There are a number of salient similarities between these characters and…… [Read More]
The length of time allowed for debate on a bill depends on the importance of the proposed measure and the debate time is usually divided equally between the proponents and the opponents of a measure. After the general debate, a 'second reading' of the bill is carried out during which members of the House (or the Senate, if the bill has originated in the Senate) are allowed to propose amendments in the bill ("Enactment of a Law"; Johnson 27-28).
Voting: hen the amendment process is completed, the bill is put up to the house for voting. Normally a simple majority vote is required for the passage of a bill. However, the House rules require a three-fifths vote to pass a bill, joint resolution, amendment, or conference report that contains a specified type of federal tax increase. In most cases, the voice vote is considered adequate for the voting process but…… [Read More]
Ethical Dilemma Matrix
A business organization's Internet Service Provider (ISP) is providing preferential service (improved access, faster connection and download/upload speeds) to certain websites, apparently on the basis of business ties and co-ownership entanglements.
Autonomy, Justice, espect for Persons
-Users of the Internet have the duty to make and exercise their own choices, which is limited by preferential access.
-This duty also insists that users be able to face all risks and opportunities available in equal measure, and with fair access.
-Users have the right to be viewed as important ends in and of themselves, served by the ISP and not simply serving the ISP in terms of money.
the organization has a duty to ensure that its employees can perform their functions with minimal interference, and that stakeholders in the business are able to exercise autonomy in their…… [Read More]
Cyber-Crime in a New Age of Law Enforcement
ith the new introduction of the online sphere, law enforcement today faces unique challenges those previous generations could never even imagined. The internet allows the ability to create an online presence that has virtually no relevance to the real world character of the user. People can now create an online presence with the ability to construct a range of pseudonymity that was never before possible (Gyorgy, 2002). Therefore the person that you think you are communicating with may be a different person altogether.
Furthermore, people can set up a range of different personalities and have multiple identities online that they can use for a range of malicious activities. For example, it is possible for an elderly man who has perverted tendencies to portray himself as a young school girl on online chat forums. In these arenas there is seldom any verification…… [Read More]
Incidental findings are fairly common in the course of medical testing, occurring in around one-third of all tests (Ofri, no date). Yet, the medical field is torn about what the ethical implications of such findings are. In particular, it can be difficult to determine whether reporting such findings is important, and therefore medical practice seeks to establish a threshold of what should and should not be reported. This particular finding, that the son is not the biological son of the father, does not appear to be medically relevant. First, it is not relevant to the question at hand, which is whether the people in the family have the marker for Huntington's Disease. The child could or could not, and his parentage is not relevant to that question. Second, who is or is not his biological father is not a matter of medical health, and especially not an immediate matter.…… [Read More]
law enforcement community relies on the information that can be obtained from reliable informants. But what problems and issues to law enforcement professionals encounter when using informants? This question and other issues regarding informants will be reviewed in this paper.
Informants and Law Enforcement
In the FBI eb site the government mentions that the courts have long recognized that the use of informants "…is lawful and often essential to the effectiveness of properly authorized law enforcement investigations" (FBI FAQ). That said, the FBI goes on to warn that using informants to help an investigation is risky, and may "…involve an element of deception" or an "intrusion into the privacy of individuals, or cooperation with persons whose reliability and motivation may be open to question" (FBI). In other words, using information provided by a person that the FBI does not have one hundred percent certainty about, carries with it potential investigative…… [Read More]
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of…… [Read More]
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
To what…… [Read More]
The subject of DNA fingerprinting has become a prominent issue on several fronts. The applicable paradigms involved include law enforcement, privacy concerns and immigration, just to name a few. A few questions and concerns about DNA will be included in this repot including what precisely DNA fingerprinting is, how it is done, the step-by-step methods of fingerprinting, how DNA is compared on an electrophoresis (EPG), what precisely EPG is, whether the author of this report agrees with DNA fingerprinting everyone for medical reasons, why DNA is considered potential evidence in a court of law and whether the author of this report aggress with the government wanting to DNA-fingerprint everyone so that they can learn about disease propensity and other pieces of information. hile DNA fingerprinting has and will continue to render a large amount of benefit, the privacy and other rights of people to be fingerprinted are a…… [Read More]
data collection includes survey form, structured interviews using closed ended questions, and gathering information regarding a sample size appropriate to analyze and draw conclusion on the basis of the research results. The statistical techniques are used for data analysis to analyze collected data in quantitative research methods. The qualitative data is gathered through case study method and open ended question of an unstructured interview from notable sample. The qualitative methods of research are also equally popular in understating the ignored aspects of a topic. The research question discussed below is addressed on the basis of qualitative and quantitates research methodology.
What is the role of social media in affecting law enforcement?
The usage of internet has increased over the past years. Internet technology has encouraged a revolutionary change. Starting form the desktop computers, laptops, handheld computers, to a variety of internet enabled cell phones has created a huge…… [Read More]
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District
It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…… [Read More]
Department of Veterans Affairs Medical Center, Oklahoma City, Oklahoma
Today, the Department of Veterans Affairs (VA) operates the nation's largest healthcare system through the Veterans Health Administration (VHA), including 152 medical centers (VAMCs), 800 community-based outpatient clinics and numerous state-based domiciliaries and nursing home care units (About VA, 2016). As the second-largest cabinet agency in the federal government, the VA's budget exceeds the State Department, USAID, and the whole of the intelligence community combined) with more than $60 billion budgeted for VHA healthcare (Carter, 2016). One of the VHA's largest medical centers that provides tertiary healthcare services to eligible veteran patients is the Oklahoma City VA Medical Center (OKC VAMC) in Oklahoma City, Oklahoma. Like several other VAMCs, the OKC VAMC has recently been implicated in a system-wide scandal concerning inordinately lengthy patient waiting times and misdiagnoses which may have contributed to the deaths of some veteran patients and jeopardized…… [Read More]
Clinical Activity: Maintaining Alignment to Legal Changes
Policy and Procedures on Information System
My organization's priorities are maintaining the confidentiality of patients and also protecting the organization as a whole from any security impingements. All information is password-protected with strong passwords requiring six characters or more, at least one capital letter and one lower case letter, a number and a symbol of some kind. Passwords are also regularly changed. There is also an additional level of screening with security questions.
Employees are prohibited from using their work email address to conduct personal business. All work emails are monitored to ensure that employees do not disclose private data of patients, work passwords, or open up potentially corrupted files that could damage the system. Mobile devices must likewise be secured and data must only be accessed on secured networks. All employees are prohibited from disclosing any private data about patients with any…… [Read More]
Privacy & Civil Liberties
needs to communicate goals to the American public that include protecting the nation against threats to national security, ensuring the safety of citizens, friends, allies, and nations with cooperative relationships (Clarke, 2013). Promote national security and foreign policy interests, including counterintelligence, counteracting, and international elements of organized crime. Protect the right to privacy. Protect democracy, civil liberties, and the rule of law, eliminating excessive surveillance and unjustified secrecy. Promote prosperity, security, and openness in a networked world adopting and sustaining policies that support technological innovation globally and establish and strengthen international norms of Internet freedom and security. Protect strategic alliances that preserve and strengthen strategic relationships, protect those relationships, and recognize the importance of 'cooperative relationships'.
The U.S. government must protect national security and personal privacy that includes Fourth Amendment rights. Risk management should involve the rights to privacy, freedom and liberties on the internet and…… [Read More]
Benefits of GIS Applications for Law Enforcement
Police methods have changed dramatically around the world in recent years due to the advent of geo-positioning and improved computer-aided mapping techniques. As has happened throughout the history of policing, law enforcement officials have always tried to use new scientific research to their benefit. Since the object is the safety and comfort of local citizens, a major aspect of the mission for police departments is to always use the most up-to-date methods for the detection and apprehension of criminals. With the advent of computer-aided geographic information systems (GIS), police now have the ability to approach crime in an entirely new way.
According to ich and Shively (2004) "geographical profiling was "born" in 1980 when a UK police investigator analyzed the locations of crime scenes of the Yorkshire ipper and computed the "center of gravity" of the crime scenes…." This beginning…… [Read More]
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal…… [Read More]
ole and Functions of Law in Business and Society
The relevance of law and order in both business and society cannot be overstated. In this text, I address both the functions as well as the role of law in business and society. In so doing, I will also state the primary role played by law in my present job industry.
In basic terms, law permeates almost every facet of our daily lives. To properly highlight the role law plays in business and society, there is a need to first define the term law. It is important to note from the onset that law as a term does not have an assigned definition. In that regard, scholars and legal experts have over time attempted to define law by floating various definitions of the same. One of those who have attempted to define law is William Blackstone. According to Mann and oberts…… [Read More]
Role of Law in Business and Society
The functions and roles of law when it comes to business and society are not always understood by the lay person, but those functions are extremely important. The functions related to law and to the application of law are the backbone of how society and economies actually work, and will be reviewed and critiqued in this paper.
The Functions and Role of Law in Business
The law as it applies to business refers to a "…code of conduct that defines the behavioral boundaries for business activity," according to a generalization found in the book, The Legal Environment of Business (Meiners, et al., 2006). Though "law" is a term that is seen as abstract in some contexts -- and though there is no precise definition of law that carries over to many cultures -- the noted former Supreme Court Justice Oliver endell Homes put…… [Read More]
They suggest that the laws necessary to protect informational privacy from unauthorized collection and use simply must catch up to the realities presented by modern digital technology exactly the way the laws now prohibiting unwarranted wiretapping of telephones once lagged behind the obvious implications of failing to incorporate the needs posed by modern technology into appropriate legislation (Levin, 2012).
Competing Interests and Positions
On balance, there are legitimate justifications for imposing limits on the unrestricted collection and commercial use of information generated by ordinary individuals engaging in communications patterns that are now fast becoming as ubiquitous as the telephone. It is reasonable to suggest that when people use their cell phones or communicate via their Internet service provider (ISP) account, they have a reasonable expectation of privacy in digital data pertaining to that use, such as the identity of every call or email recipient. On the other hand, businesses such…… [Read More]
It is hard to argue with the legitimacy of that consideration.
Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.
The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…… [Read More]
(Samson, 2005, citing NY CPLR 4548 and Cal. Evid. Code 917 (b)) This means that the rationale behind the ruling was not limited to, or based solely in the attorney-client relationship. The court stated that employee awareness was the issue. The dominant considerations were if the corporation maintained a policy banning personal or other objectionable uses of e-mail, explicitly monitored the use of the employee's computer or e-mail, claimed a right of access to the computer or e-mails, or notified the employee, of the use of monitoring policies, all of which would diminish his or her expectations of privacy. (Samson, 2005) in this case, ACG did not demonstrably enforce any of these measures. This meant employees had a right to assume they were engaged in a private and thus privileged communication with their attorneys.
Given this ruling, it is likely that in the future, corporations that wish to have access…… [Read More]
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…… [Read More]
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.
The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly…… [Read More]
The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an employee if the employee has given prior consent and to answer if in this case whether Deal give her employer consent in this case? This study will additionally examine whether due to the recent burglary of the store, whether the employer had a legitimate business reason to record and review the employee's phone calls made or received at work. Finally, this study will consider what, under the Watkins precedent, is the extent to which an employer can monitor personal phone calls to employees within the ordinary course of business exemption of the federal wiretapping law where is no evidence of express consent here.
The basis…… [Read More]
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]
Australian Property and Trust Law
The objective of this study is to examine a specific scenario. That scenario involves the writer of this work as solicitor for the Goldstone City Council, a fictional authority in Queensland, Australia and head of the property law division of the Council under the direction of the Head Legal Counsel. The Head Legal Counsel has asked the writer to provide a written response to her in regards to the following matter: In 2014, a wealthy local citizen, Mr. obert Kennedy, died. Clause 5 of his Will provides:
"I GIVE AND BEQUEATH the sum of FIVE HUNDED THOUSAND DOLLAS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLAE that the fund so created shall be utilized towards the costs of travel and accommodation within that region and the costs…… [Read More]