USA LAW AND PRACTICE Contributed by: Nancy Libin, David Rice, Spencer Persson, Michael Borgia, Robert Stankey, Kara Trowell and Alexander Sisto, Davis Wright Tremaine LLP
with notice to subscribers, including the oppor - tunity for subscribers to contest certain orders. The Video Privacy Protection Act (VPPA) prohib - its providers of physical and digital audio-visual materials from disclosing information identifying video rentals or usage without specific advance subscriber consent, subject to limited excep - tions. The Electronic Communications Privacy Act (ECPA) includes the following: • the Stored Communications Act requires a specific legal process (eg, subpoena, court order or warrant) for governmental entities to access certain customer information, records, communications content and wireless caller tower location data, or National Security Let - ters to obtain information for national security investigations; • the Wiretap Act requires a specific legal pro - cess – generally a warrant – for governmental access to live communications (voice and online content); and • the Pen Register/Trap and Trace Act gener - ally requires governmental entities to obtain a court order to access live outbound and inbound subscriber call connection informa - tion (metadata). The Telephone Consumer Protection Act pro - tects consumers from unwanted “robocalls” and text messages made using auto-diallers and/or an artificial, synthetic or prerecorded voice. The CAN-SPAM Act protects consumers from unwanted unsolicited commercial emails. The Communications Act prohibits telephone companies from disclosing certain data about consumers’ telecommunications services, com -
munications metadata and bills without custom - er consent, subject to limited exceptions. Driver’s licence information The Driver’s Privacy Protection Act prohibits states from selling information acquired from individuals while issuing driver’s licences and automobile registrations. Information in computer systems The Computer Fraud and Abuse Act prohibits unauthorised access, or exceeding authorised access, to certain computer systems. Biometric data The FTC can bring enforcement actions under the FTC Act against commercial entities regard - ing their handling of biometric data. The FTC defines biometric data to include facial, eye or fingerprint data that identifies individuals. Government access to personal information For information held by the federal government: • the Privacy Act governs the collection, use and disclosure of personally identifiable infor - mation by federal agencies; and • the Freedom of Information Act gener - ally requires government agencies to dis - close certain information upon request, but exempts certain information if disclosure would be an unwarranted invasion of privacy. For law enforcement and intelligence community access to personal information: • the ECPA (see above) imposes specific duties on law enforcement in obtaining wiretaps, access to stored communications content and subscriber records, and for national security investigations;
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