Edward Granlund: Five Laws That Govern Behavior of Internet Users

Most people use the internet every day without thinking about the laws that govern their online behavior. However, ignorance of cybercrime laws does not provide a legitimate defense for wrongdoing. It's important for everyone who uses the internet to understand the five laws indicated below, especially those who supervise staff or operate a business.

The Electronics Communication Privacy Act (ECPA)

ECPA originally came about in 1986, long before the invention of the Internet. This law expanded the existing ban on wiretapping telephone lines to computers. While the spirit of the law protects ordinary citizens from unreasonable search and seizure, it isn't realistic for modern times. Under the current interpretation of ECPA, electronic communication held by a third party such as Facebook meets the legal definition of abandonment after 180 days. As it stands today, law enforcement officials could gain access to six-month-old emails and chat records without a search warrant.

Communications Decency Act, Section 230 (CDA)

After the original passage of CDA in 1996, the authors immediately rescinded several parts of it due to free speech limitations. Only Section 230 remains. This section protects websites such as blogs and social media networks from liability if a user posts something harmful about another person, which means that no one who experiences a damaged reputation in an electronic format can sue the website for providing the outlet for the exchange. However, individuals can file a lawsuit against the person who wrote defamatory words in a public online format.

Digital Millennium Copyright Act (DMCA)

The DMCA, enacted by President Bill Clinton in 1998, allows removal of copyrighted material when improperly used by others. It holds website owners harmless for the behavior of users, which means that no one can sue them when others publish copyrighted material on the site without permission from the person who holds the copyright. Under the DMCA, copyright holders can demand that others remove their content from the internet. Unfortunately, it's easy to abuse this law because it forces people to remove online content after receiving a take-down notice whether the claim is valid or not.

The Patriot Act

The Patriot Act came about in response to the September 11, 2001, terrorist attacks. The three parts of this act that most affect internet users are the trap-and-trace orders, pen register, and national security register. All of these methods allow the FBI to collect information about online communication of anyone it finds suspicious. Information gathered may include email addresses, the names of the sender and recipient, and telephone numbers, all of which it collects in real time. The FBI doesn't need a warrant because it can only see basic details about the electronic communication, not specifically what it says.

The Foreign Intelligence Surveillance Act (FISA) Amendment

The amendment to the FISA, originally passed by President George W. Bush in 2008, gives the federal government wiretapping authority without the need to name the person monitored or state the purpose. In other words, the government can obtain international security information without a warrant. In practice, people who are discussing politics over the phone could have their conversations recorded.

The passage of this act required the National Security Agency to build a large facility to handle all of the data the government collects through wiretapping and other methods. This controversial law pits people who believe it protects national security against those who feel the individual liberty of millions of individuals around the world also deserve protection.

Whether you use the internet for personal reasons, business reasons, or both, understanding these five laws ensures that you don't inadvertently break them.

About Edward Granlund:

Edward Granlund is currently gaining a degree in Cyber Security from Carroll Community College. Focused on technology, he's learning everything from identifying physical errors in PC units to configuring IP routes. In his spare time, Granlund supports several charitable organizations including a Random Acts of Kindness Club, Trees for Troops, and, most recently, Habitat for Humanity.

Find Edward Granlund online: Medium, Crunchbase, and Tumblr.