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Q: ISP data access ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: ISP data access
Category: Computers > Internet
Asked by: zumpoof-ga
List Price: $5.00
Posted: 26 Feb 2003 20:37 PST
Expires: 28 Mar 2003 20:37 PST
Question ID: 167705
Are there any laws in place that dictate an ISP's access to the data
that flows through it's systems? For instance if I go to a website, is
my ISP allowed to tamper with the data that is passed back and forth?
Answer  
Subject: Re: ISP data access
Answered By: easterangel-ga on 27 Feb 2003 02:03 PST
Rated:5 out of 5 stars
 
Hi! Thanks for the question.

Yes there are laws that govern data access of ISPs. Our first article
says that the Electronic Communications Privacy Act (ECPA) and the
Privacy Act of 1974 govern ISPs. In this case, the ECPA is a more
direct regulation for ISPs.

"The interception and disclosure of electronic communications
provision in the ECPA applies not only applies to people who try to
break into systems such as hackers but also applies to those who own
and operate these systems such as ISP’s and bulletin boards."

"Online Privacy"
http://sic.nvgc.vt.edu/SICstuff-Virtual/FRANK/WWW/pronline.htm

Lately however, due to the Sept. 11 terrorist attacks and the
subsequent threats, a new law called The USA Patriot Act was adopted.
The law affects ISPs compliance in regards to the aspect of providing
private information of its customers to requesting law enforcement
authorities.

"The law makes two changes to increase how much information the
government may obtain about users from their ISPs or others who handle
or store their online communications. First it allows ISPs to
voluntarily hand over all "non-content" information to law enforcement
with no need for any court order or subpoena. sec. 212. Second, it
expands the records that the government may seek with a simple
subpoena (no court review required) to include records of session
times and durations, temporarily assigned network (I.P.) addresses;
means and source of payments, including credit card or bank account
numbers. secs. 210, 211."

You can read about it from our next article which criticizes this law.

"EFF Analysis Of The Provisions Of The USA PATRIOT Act"
http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011031_eff_usa_patriot_analysis.html

In case you would like to read the full text of the laws mentioned
above, here are some resources that may help you.

ECPA Text
http://www.usiia.org/legis/ecpa.html

ECPA Discussion
http://www.digitalcentury.com/encyclo/update/ecpa.html

THE PRIVACY ACT OF 1974 (Text)
http://www.usdoj.gov/foia/privstat.htm

USA PATRIOT Act (H.R. 3162)
http://www.epic.org/privacy/terrorism/hr3162.html

Search terms used:  
ISP privacy laws regulations
ecpa "Electronic Communications Privacy Act"   
"Privacy Act of 1974"
"usa patriot act"
     
I hope these links would help you in your research. Before rating this
answer, please ask for a clarification if you have a question or if  
you would need further information.
    
Thanks for visiting us.    
    
Regards,    
Easterangel-ga    
Google Answers Researcher

Request for Answer Clarification by zumpoof-ga on 27 Feb 2003 13:55 PST
Thank you for such an extensive list of resources! I've gone through
the ECPA and if I'm not mistaken, it looks like interception is
allowed if one of the parties in the communicaion gives "prior
consent". ISP's could probably hide this consent in their terms on
service contract. Here's the snippet.

"(d) It shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire, oral, or electronic
communication where such person is a party to the communication or
where one of the parties to the communication has given prior consent
to such interception unless such communication is intercepted for the
purpose of committing any criminal or tortious act in violation of the
Constitution or laws of the United States or of any State."

Thanks for the quick response!

Clarification of Answer by easterangel-ga on 27 Feb 2003 16:17 PST
Thanks for the kind words along with 5 stars and the tip! I look
forward for your future questions.
zumpoof-ga rated this answer:5 out of 5 stars and gave an additional tip of: $1.00
This answer was prompt, and very useful. Good job guys!

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