William Slater's CIS 537 Blog

Post 036 - CIS 537

2012-01-01T18:26:00.000-08:00

Source: http://www.blippitt.com/code-red-white-house-drops-veto-threat-on-national-defense-authorization-act-video/

NDAA Signed into Law

Without a lot of fanfare, while President Obama vacationed in Hawaii with his family, yesterday, December 31, 2011, he paused to take time to sign the National Defense Authorization Act into law. (NDAA (HR 1540)).

To understand how this federal law will affect the future of all Americans and our freedoms, please read this article that was written and published by a Canadian legal scholar, Michele Chossudovsky today, January 1, 2012.

THE INAUGURATION OF POLICE STATE USA 2012. Obama Signs the “National Defense Authorization Act ". http://www.globalresearch.ca/index.php?context=va&aid=28441#

If all these observations are true and we are now living in a new America where this law, the NDAA, supersedes our freedoms guaranteed in the U.S. Constitution, I am very sad and upset about it and I will leave it at that.

References:

Ballard, Spahr, Andrews, Ingersoll, LLC. (2004) PrivacyLaw. [Electronic version.] Retrieved from the web on May 14, 2004 at http://www.virtualchase.com/resources/privacy.html.

Chossudovsky, M. (2012). THE INAUGURATION OF POLICE STATEUSA 2012. Obama Signs the “National Defense Authorization Act ". An article published on January 1, 2012 atGlobalresearch.ca. Retrieved from theweb at http://www.globalresearch.ca/index.php?context=va&aid=28441#on January 1, 2012.

Department of Homeland Security. (2009). (U//FOUO) Rightwing Extremism: Current Economic and Political ClimateFueling Resurgence in Radicalization and Recruitment. Retrieved from the web at http://www.fas.org/irp/eprint/rightwing.pdf on December 24, 2011.

Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: AGlimpse of the Legal Background and Recent Amendments - a CRS Report DatedDecember 27, 2010. Retrieved from theweb at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources aboutthe USA PATRIOT Act http://epic.org/privacy/terrorism/usapatriot/.

EPIC. (2011). Information Related to the USA PATRIOT Act.Retreived from the web at http://epic.org/privacy/terrorism/usapatriot/ on December 9, 2011.

Legal Information Institute. (2004). Right of Privacy, AnOverview. An article from Cornell Law School. [Electronic version.] Retrievedfrom the web on May 14, 2004 at http://www.law.cornell.edu/topics/privacy.html .

Reynolds, G. W. (2012). Ethics in Information Tehnology,4th edition. Boston, MA: Course Technology.

Riggs, M. (2011). Lee County Deputies Tied Suspect to a Chair, Gagged Him, andPepper-Sprayed Him to Death. An articlepublished at Reason.com on December 23, 2011. Retrieved from the web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-chon December 23, 2011.

The White House. (2009). Cyberspace Policy Review. Adocument published by the Obama Administration. Retrieved from the web at http://info.publicintelligence.net/cyberspace_policy_review_final.pdf on December 9, 2011.

ThinkExist.com. (2011). Benjamin Franklin Quotes. Retrievedfrom the web at http://thinkexist.com/quotation/those_who_desire_to_give_up_freedom_in_order_to/12888.html on December 30, 2011.

U.S. Congress. (1987). The Computer Security Act of 1987.101 STAT. 1724, Public Law 100-235, 100th Congress. Retrieved from the web http://www.nist.gov/cfo/legislation/Public%20Law%20100-235.pdf on December 9, 2011.

U.S. Government. (2009). American Recovery and ReinvestmentAct of 2009. 101 STAT. 1724, Public Law 100-235, 100th Congress. Retrieved fromthe web http://www.opencongress.org/bill/111-s1/show on December 9, 2011.

U.S. Government. (2001). USA PATRIOT Act. Retrieved from the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Government. (2011). National Defense Authorization Act. Retrieved from the web at http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540rh/pdf/BILLS-112hr1540rh.pdf on January 2, 2012.

U.S. Government. (1776). The Declaration of Independence.Retrieved from the web at http://www.billslater.com/tj1776.htm on November 6, 2011.

U.S. Government. (1791). U.S. Constitution. Retrieved fromthe web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia articleretrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

Chicago, IL

United States of America

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Mastering Security

http://masteringsecurity.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Post 035 - CIS 537

2011-12-30T18:00:00.000-08:00

Sun Tzu and Cyber War

Sun Tzu and Cyber War, is an excellent 23-page paper by Kenneth Geers and it compares what is known today about the nature of cyberwarfare with ideas from the classic, most famous book ever written about war, the Art of War, by Sun Tzu (Geers, 2011). Find it here: http://www.ccdcoe.org/articles/2011/Geers_SunTzuandCyberWar.pdf

Because the idea of cyberwarfare is rapidly evolving, Geers believes that the students of cyberwarfare and cybersecurity would do well do understand the basic foundations of warfare as laid out by Sun Tzu 2500 years ago in his book, the Art of War (Geers, 2011).

Geers has been studying and writing about cyberwarfare for years. In 2009, he co-wrote and published, The Virtual Battlefield: Perspectives on Cyber Warfare. (Czosseck and Geers, 2009)

A full version of The Art of War can be retrieved at this link: http://www.iluminaci.pl/info/sztuka-wojny-sun-tzu (Illuminati, 2012).

References

Czosseck, C. and Geers, K. (2009). The Virtual Battlefield: Perspectives on Cyber Warfare. IOS Press.

Illuminati - Freemasonry - YEAR 2012. (2012). Sun Tzu's Art of War. Retrieved from the web at
http://www.iluminaci.pl/info/sztuka-wojny-sun-tzu on December 30, 2011.

Geers, K. (2011). Sun Tzu and Cyber War. A professional technical paper published on February 9, 2011 at the Cooperative Cyber Defence Center of Excellence in Tallin, Estonia. Retrieved from the web at http://www.ccdcoe.org/articles/2011/Geers_SunTzuandCyberWar.pdf on December 25, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager
Chicago, IL

United States of America

M.S. in Cybersecurity Program at Bellevue University

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and Personnel Security

http://cybr510.blogspot.com

CYBR 610 Risk Management Studies

http://cybr610.blogspot.com

CYBR 520 Human Aspects of Cybersecurity

http://cybr520.blogspot.com

CIS 607 Computer Forensics

http://cis607.blogspot.com

CYBR 615 Cybersecurity Governance and Compliance

http://cybr615.blogspot.com

CYBR 625 Business Continuity Planning and Recovery

http://cybr625.blogspot.com

DET 630 Cyber Warfare & Deterrence

http://det630.blogspot.com

CYBR 525 Ethical Hacking and Response

http://cybr525.blogspot.com

CYBR 650 Current Trends in Cybersecurity

http://cybr650.blogspot.com

Mastering Security

http://masteringsecurity.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Post 034 - CIS 537

2011-12-30T03:42:00.000-08:00

Week Five Assignments
Week 5 - Readings and Objectives

Reading assignments for the week:

Chapter 5 in Ethics in Information Technology.
Supplemental resource:

Truth or Fiction? Photography and Ethics. A film available via our library - check out the folder in Course Documents and then Films on Demand and you'll find links to this and other videos in our library.

Learning objectives for the week:

Identify issues regarding freedom of expression as they apply to Internet communications.
Discuss current issues of information technology and freedom of expression.
Present an opinion about freedom of expression in our information age.
Being locating sources for a case study.

This week:

Okay, it is time to tackle some big issues this week. We are entering the area where government policy, political opinions, cultural values, and technology intersect. Do you enjoy discussing controversial topics? Then this is the week for you.

We are going to examine policies regarding pornography, national security, privacy, slander, libel, and our attitudes toward freedom of expression in these areas. Generally, Americans have strong opinions about freedom of expression. This chapter provides us with the opportunity to support our opinions with solid cases and precedents.

Looking for an interesting perspective on the topics for the week? Check out the supplemental resource listed above. It is a great way to find ideas to add to your discussion postings for the week.

The Internet definitely is changing our culture. Is it changing our attitudes toward freedom of expression? There is only one way to find out - let's discuss the issues and see where our discussions take us.

Have you finished the readings for the week? Then let's get started on the weekly assignments.

Week 5 - Video Overview
http://idcontent.bellevue.edu/content/CIT/cis/537/Week5.html

A brief video about our upcoming week.

Week 5 - Thought for the Week
“What is freedom of expression? Without the freedom to offend, it ceases to exist.” - Tony Blair

There is no assignment associated with this item, just a chance to pause and ponder.

Week 5 - Image of the Week

"Portrait of Miss Margie Fellegi wearing a costume of a bonnet and a dress, open in the front to reveal short shorts, posing in front of a light-colored, wooden-framed screen in a room in Chicago, Illinois, for the 1927 Artists Ball." Photo is in the public domain and available from the American Memory collection at the Library of Congress.

There is no assignment associated with this item, just a chance to pause and ponder.

Week 5 - Chapter 5 Quiz
Read the assigned chapter this week in Ethics in Information Technology and then click on the link above to start the quiz.

The quizzes are a self-assessment and a participation grade. This means that you can take the quizzes as many times as you need in order to earn the grade you deserve. The idea is to allow you to self-test your reading comprehension.

Please do NOT try to print the quiz since that sometimes locks it up and prevents your score from being recorded. Simply take the quiz again if you need to review your readings and improve your score.

The quiz scores will be recorded each week, so be sure to take the quizzes in the weeks they are assigned. If you get a low score, then reread the material and take the quiz again.

Week 5 Forum - Main Posting
Choose ONE of the following topics for your main discussion posting for the week. Generally, it takes several solid paragraphs for your main posting. Remember to provide a reference if you used a source for your information. Also, remember not to copy and paste from your sources - summarize and analyze in your own words.

Chapter 5 begins with a vignette called "Sexting." The case asks some important questions. Offer your opinons on those questions, and find a source to help support your opinions. Of course, please remember to provide a link or a reference for your source of information.

Chapter 5 has a Legal Overview titled "Children's Internet Protection Act (CIPA)." Imagine that you are a librarian at a city library. What would you do in order to comply with the law but also serve both adults and children at your library?

Let's put some ideas together. Appendix A and Chapter 1 discuss four philosophical theories for ethical decision making. This chapter discusses freedom of expression. Look in Course Documents at the case study on campaign blogs. It has a short case, a short video, and some thought-provoking questions. Based on your reading of the four perspectives, what would you do as the political candidate? Defend your decision.

National Security Letters are discussed in Chapter 5. The text says that the issue is still under appeal. Find a recent news article about this issue. What is the current status of National Security Letters?

Chapter 5 ends with a manager's checklist for handling freedom of expression in the workplace. How does your employer fare with this checklist? Do you have any recommendations?

Imagine you are part of a committee to define your company's computer use policy. What advice would you give regarding Internet pornography? Would you rather see a laissez-faire policy or strict enforcement of tough company guidelines?

A multimedia alternative: Imagine that you are a reporter for a local television station. You have heard that pornography is available on the computers in the local library. The librarian insists that all required safeguards are in place. Post your two minute video news story about this controversy for your classmates to view. Obviously, you are free to make up the facts for your story as long as they are consistent with the information in our readings for the week.

Please see the information in the Assessment area of Course Documents if you aren't sure what a good discussion posting looks like.

This assignment is due in the Week 5 Forum at least two days before the end of our academic week.

Week 5 Forum - Additional Postings
Post at least two additional messages during the week. More are always welcome. Typically, these messages are replies to your fellow students, or you can ask about details in the readings that puzzle you. See the assessment guide for more details if you aren't sure what a good posting looks like.

Post at least two additional messages in the Week 5 Forum before the end of our academic week.

Week Five Essay - Opinion/Editorial
Your homework assignment is focused on the question of freedom of expression and the global reach of the Internet.

Congratulations, you are now a senior editor at CNN. You often write news analysis on cultural issues that have a strong technology presence. Today, you and your editorial board had a wide-ranging discussion about freedom of expression and the Internet. Now, your job is to create an opinion piece for tomorrow's web page. You can write the opinion, or you can present it in a short video.

Your board of editors is split between two basic perspectives:

Freedom of expression is under attack by socially conservative people who want everyone to be socially conservative. They hide behind 'protect the children' or 'protect national security' or 'protect the rights of business' when in fact they really want to control people and limit our freedoms.

Freedom of expression is not an absolute freedom, and new technologies make it important to exercise our freedoms in more responsible ways. We must balance our freedom to express ourselves with other freedoms and concerns. Socially-liberal people who push the limits of expression end up harming everyone's rights with their deliberately offensive and dangerous activities. Theyforce courts and businesses to push back with clearer limits, and that is harmful rather than helpful.

Compose a one page column or a short video segment for the CNN web site. The column is limited to one page, single-spaced, with a blank line between paragraphs. The video is limited to four minutes. Tell your readers why you favor one side or the other side of the argument. Support your opinion with information from our reading for the week and/or an outside source. Remember, CNN has to 'sell the news,' so be sure that your column or video is snappy, fast-paced, hard-hitting, and interesting.

Submit either your Word-compatible document or your video to your instructor via the link below. Be sure this file is submitted before the end of our academic week.

>> View/Complete Assignment: Week Five Essay - Opinion/Editorial
Looking Ahead to Next Week

This is just a reminder that Milestone 1 of your case study is due next week. Check the information in the Final Project area for more details.

This assignment is not due until Week 6.

William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Mastering Security

http://masteringsecurity.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 033 - CIS 537

2011-12-27T01:27:00.000-08:00

The First Amendment - A Picture Is Worth 1000 Words, Two Pictures, 2000 Words

CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION

Article [I.]
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.

References

Ballard, Spahr, Andrews, Ingersoll, LLC. (2004) PrivacyLaw. [Electronic version.] Retrieved from the web on May 14, 2004 at http://www.virtualchase.com/resources/privacy.html.

Brancik, K. C. (2008). InsiderComputer Fraud: An In-depth Framework for Detecting and Defending AgainstInsider IT Attacks. Boca Raton, FL: Auerbach Publications.

Davis, C.; Schiller, M.; andWheeler, K. (2007). IT Auditing: Using Controls to Protect Information Assets.New York, NY: Osborne McGraw Hill.

Department of Homeland Security.(2009). (U//FOUO) Rightwing Extremism: Current Economic and Political ClimateFueling Resurgence in Radicalization and Recruitment. Retrieved from the web at

http://www.fas.org/irp/eprint/rightwing.pdf on December 24, 2011.

Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources aboutthe USA PATRIOT Act http://epic.org/privacy/terrorism/usapatriot/.

EPIC. (2011). Information Related to the USA PATRIOT Act.Retreived from the web at http://epic.org/privacy/terrorism/usapatriot/ on December 9, 2011.

Frackman, A., Martin, R., and Ray,C. (2002). Internet and Online Privacy: A Legal and Business Guide. New York:ALM Publishing.

Galik, D. (1998). Defense in Depth:Security for Network-Centric Warfare. [Electronic version] Retrieved from theweb on May 11, 2004 from http://www.chips.navy.mil/archives/98_apr/Galik.htm.

Gaskin, J. (1997). CorporatePolitics and the Internet: Connection Without Controversy. Upper Saddle River,NJ: Prentice Hall.

Herrmann, D. S. (2007). CompleteGuide to Security and Privacy Metrics: Measuring Regulatory Compliance,Operational Resilience, and ROI. Boca Raton, FL: Auerbach Publications.

Hoffman, L. J. (1977). Modern Methodsfor Computer Security and Privacy. Englewood Cliffs, NJ: Prentice-Hall.

Icove, D., et al. (1995). ComputerCrime: A Crimefighter’s Handbook. Sebastopol, CA: O’Reilly & Associates.

Jacobs, S. (2011). EngineeringInformation Security: The Application of Systems Engineering Concepts toAchieve Information Assurance. Piscataway, NJ: IEEE Press.

Landy, G. K. (2008). the IT/DigitalLegal Companion: A Comprehensive Business Guide to Software, IT, Internet,Media, and IP Law. Burlington, MA:Syngress.

Lane, C. A. (1997). Naked in Cyberspace. Wilton, CT:Pemberton, Press.

Legal Information Institute.(2004). Right of Privacy, An Overview. An article from Cornell Law School.[Electronic version.] Retrieved from the web on May 14, 2004 at http://www.law.cornell.edu/topics/privacy.html .

McCrie, R. D. (2007). SecurityOperations Management, second edition. Burlington, MA: Elsevier.

Miles, G., et al. (2004) SecurityAssessment: Case Studies for Implementing the NSA IAM. Burlington, MA: SyngressPublishing, Inc.

Olsen, J. E. (2003). Data Quality:The Accuracy Dimension. San Francisco, CA: Morgan Kaufmann Publishers.

Reynolds, G. W. (2012). Ethics inInformation Tehnology, 4th edition. Boston, MA: Course Technology.

Riggs, M. (2011). Lee County Deputies Tied Suspect to a Chair,Gagged Him, and Pepper-Sprayed Him to Death. An article published at Reason.com on December 23, 2011. Retrieved fromthe web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-chon December 23, 2011.

Senft, A. and Gallegos, F. (2009). Information TechnologyControl and Audit. Bocan Raton, FL: CRC Press.

ThinkExist.com. (2011). Benjamin Franklin Quotes. Retrievedfrom the web at http://thinkexist.com/quotation/those_who_desire_to_give_up_freedom_in_order_to/12888.html on December 30, 2011.

U.S. Congress. (1987). The ComputerSecurity Act of 1987. 101 STAT. 1724, Public Law 100-235, 100th Congress.Retrieved from the web http://www.nist.gov/cfo/legislation/Public%20Law%20100-235.pdf on December 9, 2011.

U.S. Government. (2009). AmericanRecovery and Reinvestment Act of 2009. 101 STAT. 1724, Public Law 100-235,100th Congress. Retrieved from the web http://www.opencongress.org/bill/111-s1/show on December 9, 2011.

U.S. Government. (2001). USA PATRIOT Act. Retrieved fromthe web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Government. (1776). The Declaration of Independence.Retrieved from the web at http://www.billslater.com/tj1776.htm on November 6, 2011.

U.S. Government. (1791). U.S. Constitution. Retrieved fromthe web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

Whitman, M. E and Mattord, H. J. (2010). Management ofInformation Security, third edition: Indianapolis, IN: Course Technology.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia articleretrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Mastering Security

http://masteringsecurity.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 032 - CIS 537

2011-12-25T20:32:00.000-08:00

(click for full picture and better readability)

Cyberspace and Communication Policy Timeline Picture from the
Cyberspace Policy Review - 2009

Some Laws that Have Helped Form Security Practices

The Security Operations Management in typical U.S. organization have been impacted by the formation of policy, laws and regulations (McCrie, 2007).

In a report, released by the White House in July 2009, the State on Cybersecurity and U.S. Policy was summarized. This diagram above is from that report was in an appendix of the Cyberspace Policy Review report that was released by the Obama Administration in July 2009. The top half of the diagram shows major historical events that have occurred related to communications, computers and the Internet. The bottom half of the diagram shows the corresponding history of legislation, regulation, etc, that have affected security and privacy since 1900. What is particularly interesting about this diagram is that it begins in 1900. As the reader will see, there were some very important developments that affected the state of laws today.

The tables in the appendices show the following:

Appendix A - A timeline that shows U.S. laws related to privacy and security.

Appendix B - A comprehensive list of State Laws that are related to data privacy.

As a whole, all of these laws have in help to form and influence the composition and operation of security practices in organizations. For it is the consequences of non-compliance that is described within these various laws that gives the leadership of organizations a sense of urgency to meet the obligations to protect assets, data, and people.

Also, it is important to note that federal laws are influenced by state laws and vice versa. On May 12, 2011, President Obama’s administration submitted a legislative proposal to Congress to request the creation of laws to provide greater security for Federal government entities under the Department of Homeland Security as well as mandating Federal legislation that will require all organizations that experience privacy data breaches to notify those that are affected.

References:

Ballard, Spahr, Andrews, Ingersoll, LLC. (2004) Privacy Law. [Electronic version.] Retrieved from the web on May 14, 2004 at http://www.virtualchase.com/resources/privacy.html.

Brancik, K. C. (2008). Insider Computer Fraud: An In-depth Framework for Detecting and Defending Against Insider IT Attacks. Boca Raton, FL: Auerbach Publications.

Davis, C.; Schiller, M.; and Wheeler, K. (2007). IT Auditing: Using Controls to Protect Information Assets. New York, NY: Osborne McGraw Hill.

Department of Homeland Security. (2009). (U//FOUO) Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment. Retrieved from the web at

http://www.fas.org/irp/eprint/rightwing.pdf on December 24, 2011.

Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments - a CRS Report Dated December 27, 2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources about the USA PATRIOT Act http://epic.org/privacy/terrorism/usapatriot/ .

EPIC. (2011). Information Related to the USA PATRIOT Act. Retreived from the web at http://epic.org/privacy/terrorism/usapatriot/ on December 9, 2011.

Frackman, A., Martin, R., and Ray, C. (2002). Internet and Online Privacy: A Legal and Business Guide. New York: ALM Publishing.

Galik, D. (1998). Defense in Depth: Security for Network-Centric Warfare. [Electronic version] Retrieved from the web on May 11, 2004 from http://www.chips.navy.mil/archives/98_apr/Galik.htm.

Gaskin, J. (1997). Corporate Politics and the Internet: Connection Without Controversy. Upper Saddle River, NJ: Prentice Hall.

Herrmann, D. S. (2007). Complete Guide to Security and Privacy Metrics: Measuring Regulatory Compliance, Operational Resilience, and ROI. Boca Raton, FL: Auerbach Publications.

Hoffman, L. J. (1977). Modern Methods for Computer Security and Privacy. Englewood Cliffs, NJ: Prentice-Hall.

Icove, D., et al. (1995). Computer Crime: A Crimefighter’s Handbook. Sebastopol, CA: O’Reilly & Associates.

Jacobs, S. (2011). Engineering Information Security: The Application of Systems Engineering Concepts to Achieve Information Assurance. Piscataway, NJ: IEEE Press.

Landy, G. K. (2008). the IT/Digital Legal Companion: A Comprehensive Business Guide to Software, IT, Internet, Media, and IP Law. Burlington, MA: Syngress.

Lane, C. A. (1997). Naked in Cyberspace. Wilton, CT: Pemberton, Press.

Legal Information Institute. (2004). Right of Privacy, An Overview. An article from Cornell Law School. [Electronic version.] Retrieved from the web on May 14, 2004 at http://www.law.cornell.edu/topics/privacy.html .

McCrie, R. D. (2007). Security Operations Management, second edition. Burlington, MA: Elsevier.

Miles, G., et al. (2004) Security Assessment: Case Studies for Implementing the NSA IAM. Burlington, MA: Syngress Publishing, Inc.

Olsen, J. E. (2003). Data Quality: The Accuracy Dimension. San Francisco, CA: Morgan Kaufmann Publishers.

Reynolds, G. W. (2012). Ethics in Information Tehnology, 4th edition. Boston, MA: Course Technology.

Riggs, M. (2011). Lee County Deputies Tied Suspect to a Chair, Gagged Him, and Pepper-Sprayed Him to Death. An article published at Reason.com on December 23, 2011. Retrieved from the web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-ch on December 23, 2011.

Senft, A. and Gallegos, F. (2009). Information Technology Control and Audit. Bocan Raton, FL: CRC Press.

The White House. (2009). Cyberspace Policy Review. A document published by the Obama Administration. Retrieved from the web at http://info.publicintelligence.net/cyberspace_policy_review_final.pdf on December 9, 2011.

U.S. Congress. (1987). The Computer Security Act of 1987. 101 STAT. 1724, Public Law 100-235, 100th Congress. Retrieved from the web http://www.nist.gov/cfo/legislation/Public%20Law%20100-235.pdf on December 9, 2011.

U.S. Government. (2009). American Recovery and Reinvestment Act of 2009. 101 STAT. 1724, Public Law 100-235, 100th Congress. Retrieved from the web http://www.opencongress.org/bill/111-s1/show on December 9, 2011.

U.S. Government. (2001). USA PATRIOT Act. Retrieved from the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Government. (1776). The Declaration of Independence. Retrieved from the web at http://www.billslater.com/tj1776.htm on November 6, 2011.

U.S. Government. (1791). U.S. Constitution. Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

Whitman, M. E and Mattord, H. J. (2010). Management of Information Security, third edition: Indianapolis, IN: Course Technology.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia article retrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

Appendix A - Federal Legislation that has Influenced Security Practices - From the Beginning to 2011-

Timeframe	Law	Author(s)	Comments
1788 – 1789	First Amendment to the U.S. Constitution – Freedom of Speech, Freedom of Assembly, Freedom of Worship.	James Madison, et al
1788 – 1789	Fourth Amendment to the U.S. Constitution – Freedom from unreasonable search and seizure.	James Madison, et al
1974	Privacy Act of 1974 (Public Law 93-579, 5 U.S. Code 552a). – sets limits on the collection and transfer of personal data by government agencies and lets citizens sue agencies that violate the act (Lane, 1997).	Congress of the U.S.
1984	“Computer Fraud and Abuse Act – originally enacted as part of the Crime Control Act and was the first statute to specifically address computer crime. In 1990, this was amended it “to coverall computers used in interstate commerce or communications” and to prohibit forms of computer abuse which arise in connection with, and have a significant effect upon, interstate or foreign commerce. (Frackman, Martin and Ray, 2002).”	Congress of the U.S.	People were prohibited from accessing computers without authorization.
Timeframe	Law	Author(s)	Comments
1986	“Electronic Communications Privacy Act of 1986 – the most comprehensive piece of federal legislation dealing with the interception of and access to electronic communications such as e-mail and voice mail (Frackman, Martin and Ray, 2002).”	Congress of the U.S.	“Enacted to amend Title III of the Omnibus Crime Control and Safe Streets Act of 1968. This act provided protection from traditional means of communication, such as the telephone, by placing restrictions on the wiretapping and eavesdropping of these means of communication. The ECPA modernized the 1968 Act to expand upon all forms of electronic communication. It exposes violators to civil penalties and sets out specific exceptions. However, employers have been able to circumvent any constraints imposed by the ECPA by obtaining consent of employees. Courts have uniformly upheld such consent of employees. (Frackman, Martin and Ray, 2002).”
1987	The Computer Security Act of 1987	101 STAT. 1724, Public Law 100-235, 100th Congress	This was the first federal law that was exclusively related to computer security.
1996	“Health Insurance Portability and Accountability Act (HIPAA) of 1996 – required the Department of Health and Human Services to promulgate regulations governing the disclosure of health information (Frackman, Martin and Ray, 2002).”	Congress of the U.S.	Purpose was to safeguard PII and NPPI data in transit, and in storage, whether it is used for financial transactions or a patient’s medical records.
1999	“Gramm-Leach-Bliley Act – for the purpose of implementing the congressional policy that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers to protect the security and confidentiality of those customers’ nonpublic personal information… (Frackman, Martin and Ray, 2002).”	Senators Gramm, Leach and Bliley	President Clinton was on record as being reluctant to sign this into law, because he didn’t believe it was a good law. Purpose was to safeguard PII and NPPI data in transit, and in storage, whether it is used for financial transactions or a patient’s medical records.
Timeframe	Law	Author(s)	Comments
2001	USA PATRIOT Act, H.R. 3162	Frank James Sensenbrenner, Jr. (EPIC, 2011)	The USA PATRIOT ACT essentially nullified 5 of the first 10 Amendments to the U.S. Constitution. Many citizens feel strongly that the powers now granted to the Executive branch of government and its agents are in direct conflict with the 1st, 4th, 5th, 6th and 8th Amendments in the Bill of Rights to the U.S. Constitution (see Bill of Rights, below.). In other words, we now live in such times that many of the rights to privacy that we thought we were guaranteed under the U.S. Constitution, are now preempted, at least temporarily by the PATRIOT Act. In fact, the only way that the PATRIOT Act could be successfully passed in both chambers of Congress was to include a “Sunset Clause,” which caused many of the more far-reaching provisions of the Act to expire automatically, unless they were again reviewed and approved by both chambers of Congress. Though there was a “Sunset Clause" the PATRIOT Act has now been renewed TWICE, once under President Bush and once under President Obama.
Timeframe	Law	Author(s)	Comments
2005	H.R. 4127 – Data Acountability and Trust Act (DATA)	House of Representatives - By Rep. Clifford Stearns [R-FL	Never passed by the Senate. The goal of this legislation was to protect consumers by requiring reasonable security policies and procedures to protect computerized data containing personal information and to provide for nationwide notice in the event of a security breach.
2005 - 2011	Breach Notification Act(s)	Various State Legislatures	As of 2011, over 42 states in the U.S. have laws that protect the privacy of NPPI and PII. Purpose was to safeguard PII and NPPI data in transit, and in storage, whether it is used for financial transactions or a patient’s medical records. On May 12, 2011, President Obama’s administration submitted a legislative proposal to Congress to request the creation of laws to provide greater security for Federal government entities under the Department of Homeland Security as well as mandating Federal legislation that will require all organizations that experience privacy data breaches to notify those that are affected.
2009	HITECH Act	U.S. Congress	Passed as a provision of the American Recovery and Reinvestment Act of 2009. It imposes stiff penalties for HIPAA violations. The ARRA is a bill to create jobs, restore economic growth, and strengthen America's middle class through measures that modernize the nation's infrastructure, enhance America's energy independence, expand educational opportunities, preserve and improve affordable health care, provide tax relief, and protect those in greatest need, and for other purposes. (U.S. Congress, 2009)

Appendix B – State Privacy Laws as of 2010

State	Legislation or State Law	Requires
Alaska	A.S. 45.48.010 (July 1, 2009)	Notice to consumers of breach in the security of unencrypted, unredacted personal information in physical or electronic form, or encrypted information where the encryption key may also have been compromised. No notice if a reasonable investigation determines there is no reasonable likelihood of harm to consumers. Written documentation of the investigation must be kept for 5 years. Entities subject to compliance with the Gramm-Leach-Bliley Act are exempt.
Arizona	A.R.S. 44-7501 (December 31, 2006)	Notice to consumers of breach in the security of unencrypted, unredacted computerized personal information. No notice if a reasonable investigation determines there is no reasonable likelihood of harm to consumers. If entity complies with federal rules, then it is deemed to be in compliance with Arizona law.
Arkansas	Ark. Code Ann. 4-110-101 to 108 (March 31, 2005)	Notice to consumers of breach in the security of unencrypted, computerized personal information and medical information in electronic or physical form. Notice is not required if no reasonable likelihood of harm to consumers. If entity complies with state or federal law that provides greater protection, and at least as thorough disclosure and in compliance with the state or federal law, then it is deemed in compliance.
California	Civil Code Sec. 1798.80-1798.82 (July 1, 2003)	Notice to consumers of breach in the security, confidentiality, or integrity of unencrypted, computerized personal information held by a business or a government agency. If the person or business has own notification procedures consistent with timing requirements and provides notice in accordance with its policies or if the person or business abides by state or federal law provides greater protection and disclosure, then it is deemed in compliance.
Colorado	Co. Rev. Stat. 6-1-716(1)(a) (September 1, 2006)	Notice to consumers of breach in the security of unencrypted, unredacted computerized personal information. Notice given unless investigation determines misuse of information has not occurred or is not reasonably likely to occur. If entity is regulated by state or federal law and maintains procedures pursuant to laws, rules, regulations or guidelines, it is deemed in compliance.
Connecticut	699 Gen. Stat. Conn. 36a-701 (January 1, 2006)	Notice of security breach by persons who conduct business in the state and have a breach of the security of unencrypted computerized data, electronic media or electronic files, containing personal information. Notice is not required if the breached entity determines in consultation with federal, state, and local law enforcement agencies that the breach will not likely result in harm to the individuals. Governmental entities not required to provide notice under this section. Entities are also deemed compliant if notification is in compliance with rules or guidelines established by the primary function of the regulator under the Gramm-Leach Bliley Act.
Delaware	Del. Code Ann. Title 6 Section 12B-101 to 12-B-106 (June 28, 2005)	Notice to consumers of breach in the security of unencrypted computerized personal information if the investigation determines that misuse of information about a Delaware resident has occurred or is reasonably likely to occur. If the entity is regulated by state or federal law and maintains procedures for a breach pursuant to the laws, rules, regulations, guidances or guidelines established by its primary or functional state or federal regulator, then it is deemed in compliance with this chapter provided it notifies affected residents in accordance with the maintained procedures when a breach occurs.
District of Columbia	DC Code Sec 28-3851 et seq. (January 1, 2007)	Notice to consumers of breach in the security, confidentiality, or integrity of unencrypted computerized or other electronic personal information held by a business or a government agency. This section does not pertain to person or entity subject to the Gramm-Leach Bliley Act. This section also does not apply to a person or business with its own notification procedures with consistent timing requirements in compliance with notification requirements of this section and the person or business provides notice in accordance with its policies and which is reasonably calculated to give actual notice.
Florida	Fla. Stat. Ann. 817.5681 et seq. (July 1, 2005)	Notice to consumers of breach in the security, confidentiality or integrity of computerized, unencrypted personal information held by a person who conducts business in the state. Notice not required if, after appropriate investigation or consultation with law enforcement, person reasonably determines breach has not and will not likely result in harm to individuals. Determination must be documented in writing and maintained for five years. Deemed in compliance if person’s own notification procedure is otherwise consistent with the timing requirements of this section, or “maintaining” notification procedures established by person’s primary or functional federal regulator.
Georgia	Ga. Code Ann. 10-1-910 et seq. (May 24, 2007. Covers “information brokers and data collectors”)	Notice of breach that compromises the security, confidentiality, or integrity of computerized personal information held by an info broker or data collector.
Hawaii	HRS Sec 487N-1 et seq. (January 1, 2007)	Notice when unauthorized access to and acquisition of unencrypted or unredacted records or data containing personal information where illegal use of the personal information has occurred, or is reasonably likely to occur and that creates a risk of harm to a person. Notice under this section not required by a financial institution subject to Federal Interagency Guidance on Response Programs for Unauthorized Access to Consumer Information and Consumer Notice or by any health plan or healthcare provider under HIPAA.
Idaho	Id. Code Ann. 28-51-104 (July 1, 2006)	Notice to consumers of breach in the security of unencrypted, computerized personal information if after a reasonable investigation, the agency, individual or entity determines that misuse of information of Idaho resident has occurred or is reasonably likely to occur. Notice under this section not required by a person regulated by state or federal law and who complies with procedures under that law.
Illinois	ILCS Sec. 530/1 et seq. (January 1, 2006)	Notice to consumers of breach in the security, confidentiality, or integrity of personal information of the system data held by a person or a government agency. Notice under this section not required if entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Act.
Indiana	Ind. Code Sec. 4-1-11 et seq. (June 30, 2006)	Notice to consumers of breach in the security, confidentiality, or integrity of computerized personal information held by a government agency.
Indiana	Ind. Code Sec. 24-2-9 et seq). (June 30, 2006)	Notice when a data collector knows, should know, or should have known that the unauthorized acquisition of computerized data, including computerized data that has been transferred to another medium, constituting the breach has resulted in or could result in identity deception, ID theft or fraud. Notice not required under this section if entity maintains own disclosure procedures, is under federal USA Patriot Act, Exec. Order 13224, FCRA, Financial Modernization Act, HIPAA or financial institutions that comply with the Federal Interagency Guidance on Response Programs for Unauthorized Access to Member Info and Member Notice.
Iowa	Iowa Code Chapter 2007-1154 (July 1, 2008)	Notice to consumers of breach in the security of unencrypted, unredacted personal information electronic form. No notice if a reasonable investigation determines there is no reasonable likelihood of harm to consumers. Written documentation of the investigation must be kept for 5 years. Exempted are those with own notification procedures or procedures under state or federal law providing at least greater protection to personal information and at least as thorough disclosure requirements pursuant to the rules, regulations, procedures, guidance or guidelines established by primary regulator, or state or federal laws. Entities subject to compliance with the Gramm-Leach-Bliley Act are exempt.
Kansas	Kansas Stat. 50-7a01, 50-7a02 (January 1, 2007)	Notice to consumers about a breach in the security of unencrypted, unredacted computerized personal information if investigation determines misuse has occurred or is reasonably likely occur.
Louisiana	La. Rev. State. Ann. Sec. 51 3071-3077 (January 1, 2006)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information by persons doing business in the state. No notice if, after a reasonable investigation, the data holder determines that there is no reasonable likelihood of harm to customers. Notice not required by financial institutions in compliance with federal guidance.
Maine	Me. Rev. Stat. Ann. 10-21-B-1346 to 1349 (January 31, 2006. Covers only information brokers)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information if the personal information has been or is reasonably believed to have been acquired by an unauthorized person. Notice under this section is not required by persons regulated by state or federal law and which complies with procedures under that law.
Massachusetts	201 CMR 17.00 (March 1, 2010)	Notice of a breach unauthorized acquisition of unencrypted data, or encrypted electronic data and the confidential process or key that is capable of compromising the security, confidentiality or integrity of the personal information that creates a significant risk of identity theft or fraud.
Michigan	2006-PA-0566 (July 2, 2007)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information by persons doing business in the state. Notice under this section required unless person/agency determines security breach has not or is not likely to cause substantial loss or injury to, or result in identity theft. Does not apply to financial institutions or HIPAA entities.
Minnesota	Minn. Stat. 324E.61 et seq. (January 1, 2006)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information by persons doing business in the state. Does not apply to financial institutions or HIPAA entities.
Montana	Mont. Code Ann. 31-3-115 (March 1, 2006)	Notice to consumers of breach in security, confidentiality, or integrity of computerized personal information held by a person or business if the breach causes or is reasonably believed to have caused loss or injury to a Montana resident. Notice under this section is not required if the entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
Nebraska	Neb. Rev. Stat. 87-801 et seq. (July 16, 2006)	Notice to consumers of a breach in the security of unencrypted, computerized personal information if an investigation determines use of information has occurred or is reasonably likely to occur. Deemed in compliance if person’s own notification procedure is otherwise consistent with the timing requirements of this section, or if notification procedures established by person’s primary or functional federal regulator.
Nevada	Nev. Rev. Stat. 607A.010 et seq. (January 1, 2006)	Notice of breach of the security, confidentiality, or integrity of unencrypted computerized personal information by data collectors, which are defined to include government, business entities and associations who handle, collect, disseminate or otherwise deal with nonpublic personal information. Notice under this section is not required if the entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section, or is subject to compliance with the Gramm-Leach-Bliley Act.
New Hampshire	NH RS 359-C: 19 et seq. (January 1, 2007)	Notice of unauthorized acquisition if determined likelihood information has been or will be misused. Notice must be given if there is a determination that misuse of information has occurred or is reasonably likely to occur or if a determination cannot be made. Notice under this section not required if the entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section or if the entity is a person engaged in trade or commerce under RSA 358-A:3 and maintains notification procedures established by its primary or functional regulator.
New Jersey	NJ Stat 56:8-163 (July 2, 2006)	Notice of breach of security of unencrypted computerized personal information held by a business or public entity. No notice if a thorough investigation finds misuse of the information is not reasonably possible. Written documentation of the investigation must be kept for 5 years. Notice under this section not required if entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
New York	NY Bus. Law Sec. 899-aa. (December 8, 2005)	Notice of breach of security of computerized unencrypted, or encrypted with acquired encryption key, personal information held by both public and private entities.
North Carolina	N.C. Gen. Stat. 75-65 (December 1, 2005)	Notice of breach of security of unencrypted and unredacted written, drawn, spoken, visual or electromagnetic personal information, and encrypted personal information with the confidential process or key held by a private business if the breach causes, is reasonably likely to cause, or creates a material risk of harm to residents of North Carolina. Financial institutions subject to compliance with Federal Interagency Guidance on Response Programs for Unauthorized Access to Member Info and Member Notice are exempt.
North Dakota	N.D. Cent. Code 51-30 (June 1, 2005)	Notice of a breach of the security of unencrypted, computerized, personal information by persons doing business in the state. Includes an expanded list of sensitive personal information, including date of birth, mother’s maiden name, employee ID number, and electronic signature. Exception for those financial institutions which are in compliance with federal guidance.
Ohio	O.R.C. Ann. 1349.19 et seq. (February 17, 2006)	Notice of breach of the security or confidentiality of computerized personal information, held by a state agency, political subdivision or business where reasonably believed it will cause a material risk of identity theft or fraud to a person or property of a resident of Ohio. Notice under this section is not required by financial institutions, trust companies or credit unions or any affiliate required by federal law to notify customers of information security breach and who is in compliance with federal law.
Oklahoma	Okla. Stat. 74-3113.1 (June 8, 2006)	Requires state government agencies to give notice of breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of Oklahoma whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notice is not required under this section by a state agency, board, commission, or unit or subdivision of government if the entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
Oregon	O.R.S. 646A.604 (October 1, 2007)	Notice when unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information maintained by the person. Notice not required if after an appropriate investigation or after consultation with federal, state or local agencies responsible for law enforcement, the person determines no reasonable likelihood of harm to consumers whose personal info has been acquired has resulted or will result from the breach. Determination must be in writing and kept for 5 years. Exempted are those with own notification procedures under state or federal law providing at least greater protection to personal information and at least as thorough disclosure requirements pursuant to the rules, regulations, procedures, guidance or guidelines established by primary regulator, or state or federal laws, and financial institutions which are in compliance with federal guidance.
Pennsylvania	73 Pa. Cons. Stat. 2303 (June 30, 2006)	Notice of breach of the security or confidentiality of computerized personal information, held by a state agency, political subdivision or business and is reasonably believed to have been accessed or acquired by an unauthorized person. Notice under this section not required if entity maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section. Financial institutions subject to compliance with Federal Interagency Guidance on Response Programs for Unauthorized Access to Member Info and Member Notice are exempt.
Puerto Rico	10 L.P.R.A. 4051 et seq. (January 5, 2006)	Notice of breach of the security, confidentiality and integrity of unencrypted personal information, where access has been permitted to unauthorized persons or it is known or reasonably suspected that authorized persons have accessed the information with intent to use it for illegal purposes.
Rhode Island	RI Gen. Law 11-49.2-3 to 11.49.2-7 (March 1, 2006)	Notice of a breach of the security, confidentiality or integrity of unencrypted, computerized, personal information by persons and by state agencies if breach poses significant risk of identity theft when unencrypted personal information was, or is reasonably believed to have been acquired by an unauthorized person. No notice is required if after an appropriate investigation or after consultation with relevant federal, state, and local law enforcement agencies, determine the breach has not and will not likely result in harm to individuals. Does not apply to HIPAA entities or financial institutions in compliance with Federal Interagency Guidelines. Entities covered by another state or federal law are exempt only if that other law provides greater protection to consumers.
South Carolina	SC Code §1-11-490 et seq. (January 1, 2009)	Notice of the security of computerized, unencrypted and unredacted personal information, or encrypted information with a key that has also been compromised, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a "material risk of harm" to the consumer. Notice under this section is not required if entity maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
Tennessee	Tenn. Code. Ann. 47-18-21 (July 1, 2005)	Notice of the unauthorized acquisition of unencrypted computerized data that materially compromises the security, confidentiality, or integrity of personal information. Does not apply to persons subject to Title V of the Gramm-Leach-Bliley Act.
Texas	Tex. Bus & Com. Code Ann. 4-48-103 (September 1, 2005)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information by persons who conduct businesses in the state. Notice under this section not required if the entity maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
Utah	Utah Code 13-44-101 et seq. (January 1, 2007)	Notice of a breach of the security of computerized personal information that is not protected by a method that makes the information unusable. Entities covered by another state or federal law are exempt if the person notifies each affected Utah resident in accordance with law.
Vermont	Vt. Stat. Tit 9 Sec. 2435 (January 1, 2007)	Notice if investigation reveals misuse of personal information for identity theft or fraud has occurred, or is reasonably likely to occur. Notice is not required if the data collector establishes that misuse of personal information is not reasonably possible. Must provide notice and explanation to the Attorney General or department of banking, insurance, securities and health care administration in the event data collector is a person/entity licensed with that department. Financial institutions subject to compliance with Federal Interagency Guidance on Response Programs for Unauthorized Access to Member Info and Member Notice are exempt.
Virgin Islands	14 V.I.C. 2208 et seq. (October 17, 2005)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information reasonably believed to have been acquired by unauthorized persons. Notice under this section not required if entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
Virginia	VA Code 18.2-186.6 (July 1, 2008)	Notice of any breach of the security of computerized, unencrypted and unredacted personal information, or encrypted information with a key that has also been compromised, if an individual or entity reasonably believes such information has been accessed and acquired by an unauthorized person and has caused or will cause identity theft or other fraud. Notice under this section is not required if an entity maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section, or if the entity has notification procedures established by a federal regulator. This section does not apply to any entity that is subject to compliance with the Gramm-Leach-Bliley Act.
Washington	RCW 42.17 et seq. (July 24, 2005)	Notice of a breach of the security, confidentiality, or integrity of unencrypted, computerized, personal information by persons, businesses and government agencies. Notice is not required when there is a technical breach of the security of the system which does not seem reasonably likely to subject customers to a risk of criminal activity. Notice under this section not required if entity maintains own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section.
West Virginia	WV Code 46A-2A-101 et seq. (June 26, 2008)	Notice of any breach of the security of computerized, unencrypted and unredacted personal information, or encrypted information with a key that has also been compromised, reasonably believed to have been accessed and acquired by an unauthorized person and has caused, or will cause, identity theft or other fraud. Financial institutions subject to compliance with Federal Interagency Guidance on Response Programs for Unauthorized Access to Member Info and Member Notice are exempt.
Wisconsin	Wis. Stat. 895.507 (March 16, 2006)	Notice to the consumer when personal information is taken in a security breach that is not encrypted, redacted or altered in any manner rendering the information unreadable. This includes DNA and biometric data. Notice not required if the acquisition of personal information does not create a material risk of ID theft or fraud.
Wyoming	W.S. 40-12-501 to 509 (July 1, 2007)	Notice of the unauthorized acquisition of computerized data that materially compromises the security, confidentiality, or integrity of personal identifying information of an investigation determines misuse of the personal identifying information has occurred or is reasonably likely to occur. Financial institutions subject to the Gramm-Leach-Bliley Act or credit unions under 12 USC §1752 are exempt from providing notice under this section.

(Jacobs, 2011)

= = = = = = = = = = = = = = = = = = = = = = =

= = = = = = = = = = = = = = = = = = = = = = =
William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at Bellevue University

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and Personnel Security

http://cybr510.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 031 - CIS 537

2011-12-24T16:27:00.000-08:00

2010 - The USA PATRIOT Act Renewed -
with Updates for "Lone Wolves" and the NSL

Source: http://www.animalwallpapers.us/wallpaper/Lone-wolf/

Source: http://www.coolchaser.com/graphics/291726

Source: http://raxdakkar.com/2011/05/11/infographic-the-rise-of-foreign-intelligence-surveillance-court-requests-and-national-security-letters/

The information below, from EPIC ( www.epic.org ), shows the major updates that were included in the second renewal of the USA PATRIOT Act:

Congressional Leaders Strike Deal to ExtendPatriot Act: Lawmakers in the House and the Senate havereached an agreement that wouldrenew key provisions of the Patriot Act, though amendments are still possible.One of the sections, known as the "lone wolf" provision, allowsterrorist investigations of non-citizens without having to show connections toa terrorist organization. The Patriot Act expanded theauthority of law enforcement and intelligence agencies to monitor privatecommunications and access personal information. Among other things, the PatriotAct amended the Foreign Intelligence Surveillance Act (FISA)to allow the FBI to use National Security Letters for In place ofcourt-approved warrants. In 2010, 24,287 NSLs were issued,up 64% from the previous year. For more Information, see EPIC: USA Patriot Act and EPIC: Foreign Intelligence Surveillance Act.(May. 20, 2011)

References:

Department of Homeland Security. (2009). (U//FOUO) Rightwing Extremism: Current Economic and Political ClimateFueling Resurgence in Radicalization and Recruitment. Retrieved from the web at

http://www.fas.org/irp/eprint/rightwing.pdf on December 24, 2011.

Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Doyle, C. (2002). USAPATRIOT Act: A sketch. Retrieved fromthe web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpseof the Legal Background and Recent Amendments - a CRS Report Dated December 27,2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources aboutthe USA PATRIOT Act http://epic.org/privacy/terrorism/usapatriot/.

Riggs, M. (2011). LeeCounty Deputies Tied Suspect to a Chair, Gagged Him, and Pepper-Sprayed Him toDeath. An article published atReason.com on December 23, 2011. Retrieved from the web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-chon December 23, 2011.

U.S. Government. (1791). U.S. Constitution. Retrieved fromthe web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

U.S. Government. (1776). The Declaration of Independence.Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

U.S. Government. (2001). USA PATRIOT Act. Retrieved fromthe web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia articleretrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 030 - CIS 537

2011-12-23T22:42:00.000-08:00

What Happens When
The Bill of Rights Are Nullified?

Torture and death by pepper spray. See picture above. Over 2.5 years ago, a 62-year old man named Nick Christie was apparently arrested for public drunkenness and restrained by being tied to a chair and pepper by staff members of the Lee County Florida (Tampa, FL) Sheriff's Department. His widow is filing a suit The article by Mike Riggs describing the incident along with comments by outraged readers is at this link: http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-ch .

An article by Doug Smith doing investigative report (with video) is at this link: http://www.myfoxtampabay.com/dpp/news/investigates/photo-shows-pepper-sprayed-prisoner-12142011

Looks to me like his 6th and 8th Amendment Rights as guaranteed in the U.S. Constitution were violated. Does anyone else think this is a bad thing?

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Article [VI.]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What do you think?

References:

The Constitution of the U.S. (1791). U.S. Constitution.Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

The Declaration of Independence. (1776). The Declaration ofIndependence. Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

Doyle, C. (2002). USAPATRIOT Act: A sketch. Retrieved fromthe web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpseof the Legal Background and Recent Amendments - a CRS Report Dated December 27,2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources aboutthe USA PATRIOT Act

http://epic.org/privacy/terrorism/usapatriot/.

Riggs, M. (2011). LeeCounty Deputies Tied Suspect to a Chair, Gagged Him, and Pepper-Sprayed Him toDeath. An article published atReason.com on December 23, 2011. Retrieved from the web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-chon December 23, 2011.

Smith, D. (2011). Photo shows pepper-sprayed prisoner. An article published at MyFoxTampabay.com on December 15, 2011. Retrieved from the web at http://www.myfoxtampabay.com/dpp/news/investigates/photo-shows-pepper-sprayed-prisoner-12142011 on December 23, 2011.

U.S. Government (2001). USA PATRIOT Act. Retrieved fromthe web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia articleretrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 029 - CIS 537

2011-12-23T22:17:00.000-08:00

Source: the American Civil Liberties Union

USA PATRIOT Act

Commentary, Part 1

Did you think they were kidding?

*** URGENT *** (That big sucking sound you hear in D.C. is the last gasp of our Freedoms disappearing.) Here's some things to think about on December 15, 2011, Bill of Rights Day. Many believe that the Original 13 Colonies rebelled against King George because of taxation with out representation. (Remember the Declaration of Independence???) But the main reason was lack of habeas corpus for the Colonies. If S.1867 (NDAA), that is pending a vote in Congress, is signed into law by President Obama, the Bill of Rights will basically only exist in our collective and individual memories. The government will be able to hold you as long as they want, like for the rest of your life, without breaking the law. So effectively, this new law will supersede the Bill of Rights and suspend habeas corpus. "I tremble for my country when I reflect that God is just; that his justice cannot sleep forever." -Thomas Jefferson http://warisacrime.org/nomohabeas

Call the White House Comments Line: 202-456-1111; your U.S. Senators, and your U.S. Representative to tell them "NO" on S.1867 (NDAA). [ COPY AND RE-POST ]

=================================================================

From our Divorce Papers - The Declaration of Indepedence:
http://billslater.com/tj1776.htm

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain [George III] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained, and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies, without the consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For protecting them by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms. Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren.

We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us.

We have reminded them of the circumstances of our emigration and settlement here.

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence.

They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

References:

The Constitution of the U.S. (1791). U.S. Constitution.Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

The Declaration of Independence. (1776). The Declaration ofIndependence. Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

Doyle, C. (2002). USAPATRIOT Act: A sketch. Retrieved fromthe web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpseof the Legal Background and Recent Amendments - a CRS Report Dated December 27,2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources aboutthe USA PATRIOT Act

http://epic.org/privacy/terrorism/usapatriot/.

U.S. Government (2001). USA PATRIOT Act. Retrieved fromthe web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia articleretrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002,ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at BellevueUniversity

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and PersonnelSecurity

http://cybr510.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 028 - CIS 537

2011-12-23T21:54:00.000-08:00

The USA PATRIOT ACT
and Its Effect on the American People

I have some strong feelings about the USA PATRIOT Act and what it mean to the loss of our freedoms that were originally fought for and guaranteed in the U.S. Constitution.

I will be making several blog postings about the USA PATRIOT Act and its affect on the American People.

Many of you may be unaware of the USA PATRIOT ACT that was passed in October 2001 as a quick response to the terrorist attacks of September 11, 2001. This post explains some facts that you need to know about the USA PATRIOT ACT and how it changed the freedoms that the Founding Fathers tried to provide for the citizens of this country when the first wrote and ratified the Constitution of the United States and the first 10 Ammedments, commonly known as the Bill of Rights.

USA PATRIOT ACT essentially nullified 5 of the first 10 Amendments to the U.S. Constitution.

Many citizens feel strongly that the powers now granted to the Executive branch of government and its agents are in direct conflict with the 1st, 4th, 5th, 6th and 8th Amendments in the Bill of Rights to the U.S. Constitution (see Bill of Rights, below.). In other words, we now live in such times that many of the rights to privacy that we thought we were guaranteed under the U.S. Constitution, are now preempted, at least temporarily by the PATRIOT Act. In fact, the only way that the PATRIOT Act could be successfully passed in both chambers of Congress was to include a “Sunset Clause,” which caused many of the more far-reaching provisions of the Act to expire automatically, unless they were again reviewed and approved by both chambers of Congress. Though there was a “Sunset Clause" the PATRIOT Act has now been renewed TWICE, once under President Bush and once under President Obama.

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Bill of Rights – First 10 Amendments to the U.S. Constitution

ARTICLES IN ADDITION TO, AND AMENDMENTS OF, THE Amendments to the Constitution

CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION

Article [I.]

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.

Article [II.]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article [III.]

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article [IV.]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article [V.]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article [VI.]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VII.]

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article [IX.]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X.]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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References:

The Constitution of the U.S. (1791). U.S. Constitution. Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

The Declaration of Independence. (1776). The Declaration of Independence. Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments - a CRS Report Dated December 27, 2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources about the USA PATRIOT Act

http://epic.org/privacy/terrorism/usapatriot/ .

U.S. Government (2001). USA PATRIOT Act. Retrieved from the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia article retrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at Bellevue University

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com

CIS 608 Information Security Management

http://cis608.blogspot.com

CYBR 515 - Security Architecture and Design

http://cybr515.blogspot.com

CYBR 510 Physical, Operations, and Personnel Security

http://cybr510.blogspot.com

Career

http://billslater.com/career

Certifications

http://billslater.com/certifications

Credentials

http://on.fb.me/fW3wH0

ISO 27001

http://billslater.com/iso27001

Chicago, IL

United States of America

Post 027 - CIS 537

2011-12-23T21:04:00.000-08:00

Source: http://workflow-process.com/2011/09/21/records-management-11/

Records Management

In September 2011, as I was taking my required Information Protection training to maintain my clearance status with the U.S. Air Force, I discovered this "Records Management Toolbox." I hope it will help readers of this Blog.

Records Management References

44 U.S.C. Chapters 15, 21, 22, 23, 25, 27, 29, 31, 33 – Records Management
http://www.archives.gov/about/laws/

18 U.S.C. § 2071 - Concealment, Removal, or Mutilation of Records
http://www.archives.gov/records-mgmt/laws/

36 CFR, Chapter XII, Subchapter B - Records Management (Parts 1220 - 1239)
http://www.archives.gov/about/regulations/subchapter/b.html

OMB Circular A-130 – Management of Federal Information Resources
http://www.whitehouse.gov/omb/circulars_a130_a130trans4

OMB Circular A-123 – Management Accountability and Control
http://www.whitehouse.gov/omb/circulars_a123

DoD 5015.02-STD, Electronic Records Management Software Applications Design Criteria Standard
http://www.dtic.mil/whs/directives/corres/pdf/501502std.pdf

AFI 33-321, Authentication of Air Force Records
http://www.e-publishing.af.mil/shared/media/epubs/AFI33-321.pdf

AFI 33-322, Records Management Program
http://www.e-publishing.af.mil/shared/media/epubs/AFI33-322.pdf

AFMAN 33-363, Management of Records
http://www.e-publishing.af.mil/shared/media/epubs/AFMAN33-363.pdf

National Archives and Records Administrationhttp://www.archives.gov/records-mgmt/

Air Force Records Information Management System (AFRIMS)
https://www.my.af.mil/afrims/afrims/afrims/rims.cfm

AF Records Management Community of Practice
https://www.my.af.mil/afknprod/community/views/home.aspx?Filter=OO-SC-EI-M4

AF Regulation on RECORDS DISPOSITION—PROCEDURES AND RESPONSIBILITIES
http://www.e-publishing.af.mil/shared/media/epubs/AFI33-364.pdf

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at Bellevue University

http://cybersecuritymsbellevue.blogspot.com