Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-01: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, t Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-hat distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
or voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ce and data communications by constructing the clickstream data exemption to the Wiretap Act. With the onset of Voice over Internet Protocol (VoIP) and comparable technologies, the privacy rights assigned to 10101101 (data) or 10101001 (voice) have been blended such that it is unclear whether voice Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-communications using VoIP are protected.t Daniel B. Garrie, J.D. Candidate, Rutgers University School of Law, May 2006 with a focus in Cyber Law LitigVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
ation; M.A. Computer Science, Brandeis University, 2000 with course work in Artificial Intelligence; B.A., Computer Science. Brandcis University, 1999Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-itect, focusing on wcb-cnablcd enterprise systems.t Matthew J. Armstrong, J.D. Candidate, Rutgers University School of Law, May 2006 with a focus on Corporate and Securities Law; B.A. Economics, Drew University, 2002, Summa Cum Laude. Mr. Armstrong currently works as a law clerk for Kenney & Kearney Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected- LLP, a law firm specializing in complex civil and criminal litigation.• Donald p. Harris, LL.M, is an Assistant Professor of Law at James E. BeasleyVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
School of Law, Temple University, where he teaches courses focusing on intellectual property, international intellectual property, and commercial law.Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-dett and Mr. Carlo Cardilli. Mr. Burdett is currently Senior e-Govemment Architect, Office of the CIO, DOJ. Mr. Cardilli is Vice President of Business Development Telecommunication Systems, Inc. Mr. Cadilli has an M.A. and a B.A. in Economics from Cambridge University and has been published in the Y Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ale Journal on Regulation and Journal of Commerce.9798Seattle University Law Review This Article examines VoIP communications in the modem digital areVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
na. More specifically, the Article suggests a new legal framework for courts to analyze VoIP claims brought under the Wiretap Act. Part I of this ArtiVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ernet technology, including VoIP and clickstream data. Part III discusses relevant privacy case law, and Part IV describes how that case law has been applied to electronic communications. Part V provides a statutory analysis of the different privacy levels that are, and should be, afforded to differ Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ent types of electronic communications. Part VI identifies the specific problem facing the legislature and courts regarding the treatment of VoIP. ToVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
solve this problem, Part VII proposes a modified framework advocating legislative action to re-write the Wiretap Act by creating an explicit clickstreVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-his approach, the legislature would enable companies to legitimately tap clickstream data with or without an end-user’s consent, though companies doing so would be required to design systems that monitor only clickstream data and do not tap protected oral telephone and electronic communications. In Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-this way, Congress can protect VoIP privacy expectations while maintaining the vitality of the Internet economy.1. Overview of Voice over Internet ProVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
tocol Privacy RightsThis section examines the judiciary’s treatment of clickstream data when applying the Wiretap Act’s consent exception. By broadly Voice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ss or identifying understandable correlations and patterns in data obtained from an organization’s systems. See H. M. Chung and p. Gray, Special Section: Data Mining, 16 J. Mgmt. Info. Sys. I at 11-17 (1999). Data mining extends traditional data analysis and statistical approaches to incorporate ana Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-lytical techniques drawn from a range of fields, including but not limited to numerical analysis, pattern matching, genetic algorithms, and neural netVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
works. See Balaji Rajagopalan & Ravindra Krovi, Benchmarking Data Mining Algorithms, J. Database Mgmt., Jan.-Mar. 2002, at 13, 25-36. Data mining focuVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-otection. Id. While the term data mining is used rather broadly, it focuses on the activities involved in extracting information from data and primarily helps organizations discover important information about data stored on their systems. Halbert White, A Reality Check For Data Snooping, 68 Econome Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-trica 5, 1097-1126 (Sept. 2000). Internet companies utilize data mining co construct and identify consumer trends, patterns, and profiles. This data iVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
s collected in a variety of ways using multiple channels. Data collected from the Internet, however, primarily utilizes clickstrcam data. See discussiVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-lect different types of2005]VoIP & the Wiretap Act consent where no explicit contract provision limits the scope of interceptions, courts have essentially exempted clickstream data from protection under the Wiretap Act.3 An examination of congressional intent supports the clickstream data exception, Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected- but neither Congress nor the judiciary has affirmatively recognized this.4 The judiciary has officially acknowledged the difference in treatment betwVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
een clickstream data and other electronic communications,5 but unless courts clarify this ambiguity, there is a risk that (1) the clickstream data excVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ng electronic and VoIP telephone communications from protection under the Wiretap Act.7 8To rectify this judicially created privacy dichotomy, Congress should amend the Wiretap Act to codify the judicially recognized clickstream data exception* and to lower the mens rea element from intent9 to reckl Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-essness for companies that knowingly risk making unauthorized third party interceptions of VoIP10 communications while engaging in judicially protecteVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
d data mining of clickstream data. The first of these changes would legalize the interception of clickstream data under the Wiretap Act with the impliVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-t unauthorized interceptions of other telephone and electronic communications transmitted through the same medium.11Justice Brandeis was correct in 1928 when he anticipated that technological advancement would enable the Government to employinformation using different technical tools and sources, wh Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-ich differ notably from those of cookie-driven technology.3.While most people would expect all the aforementioned communications to be protected, theVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
courts have created a judicial exception by exempting clickstream data from the Wiretap Act. For example, a DSL line permits voice communications to tVoice over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?Daniel B. GarrieJ Matthew J. Armstrong,1 & Donald p. Harris* *1010110 Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected- is disassembled, packetized if it was not voice or data, and transmitted to wherever it needs to go. This process applies as well to sending a fax or using an Internet dial-up connection on a telephone line, both of which are digital communications over a voice band. The courts have permitted the t Voice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-apping of clickstream data but have created various privacy levels for the types of communications discussed above.4.See discussion infra Part III.5.IVoice over Internet Protocol and the Wiretap Act- Is Your Conversation Protected-
n re Pharmatrak. Inc. Privacy Litig., 329 F.3d 9, 19-22 (1st Cir. 2003); In re DoubleClick, Inc. Privacy Litig., 154 F. Supp. 2d 497. 503-504 (S.D.N.YGọi ngay
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