Electronic Communications Privacy Act
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA), 18 U.S.C. 2510-2520, 2701-2709 (1997), amending Title III of the Omnibus Crime Control and Safe Street Act, commonly known as the Wiretap Act. ECPA extends the coverage of the Title III to new forms of voice, data and video communications include cellular phones, electronic mail, computer transmissions and voice and display pagers.

Fair Credit Reporting Act
In 1970, Congress enacted the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, broadly regulating the consumer reporting agency in the interest of proceeding the confidentiality and privacy rights of the consumer. The FCRA requires credit investigations and reporting agencies to make their records available to the subjects of the records, provides procedures for correcting information and permits disclosure only to authorized customers.

Freedom of Information Act
The Freedom of Information Act, 5 U.S.C. 552, structures third party access to federal records, including personal information in the control of federal agencies. The FOIA is a federal statute that affords any person the right to obtain federal agency records unless the records are covered by one of the nine exemptions to disclosure. The FOIA was amended October 2, 1996, to guarantee electronic access to those records.

Open Meetings Act
5 U.S.C. 552b. The Open Meetings Act, also called the Sunshine Act, requires meetings of government agencies to be open to the public. The Act contains a clause which provides for public notice of agency meetings.

Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. 552a, provides safeguards against an invasion of privacy through the misuse of records by Federal agencies. In general, the Act allows a citizen to learn how records are collected, maintained, used, and disseminated by the Federal Government. The Act also permits an individual to gain access to most personal information maintained by Federal agencies and to seek amendment of any inaccurate, incomplete, untimely, or irrelevant information.

Right to Financial Privacy Act of 1978
In 1978, Congress passed the Right to Financial Privacy Act (RFPA), 12 U.S.C. 3401 et seq., providing some confidentiality to the financial records of depositors by governing the transfer of financial records. The RFPA attempts to strike a balance between the privacy interests of consumers and the interests of law enforcement officials. In general, banks are prohibited from disclosing client payment information to the government without a court order, although the law does have a number of important expectations.

Bank Secrecy Act of 1970
The Bank Secrecy Act, 31 U.S.C. 5311-5355, was designed to aid the federal government in detecting illegal activity through tracking certain monetary transactions. Requires financial institutions to file reports of transactions conducted in currency in amounts over $10,000. It requires record-keeping on beneficiaries and originators of funds transfers in amounts over $3,000. Requires information gathering and record-keeping on sales of monetary equivalents (money orders, cashier's checks, traveler's checks) in amounts between $3,000 and $10,000. It establishes certain exemptions to the currency transaction reporting requirements.

Electronic Funds Transfer Act
The Electronic Funds Transfer Act of 1978, 15 U.S.C. 1693-1693r, establishes "mandatory guidelines for the relationship between consumers and financial institutions in connection with electronic fund transactions." The primary objective is the provision of individual consumer rights.

Video Privacy Protection Act of 1988
The Video Privacy Protection Act, 18 U.S.C. 2710, was passed in response to actions taken by reporters covering Judge Robert Bork's nomination hearings to the Supreme Court. Reporters were able to gain access to records of the Bork's family video rentals. Congress deemed this an invasion of privacy and reacted by enacting the Video Privacy Protection Act.

Cable Communications Act
The Cable Communications Policy Act of 1984, codified at 47 U.S.C. 551, requires cable services to inform their customers of the nature of personally identifiable information and the use of that information. IT also places restrictions on the cc able services' collection and disclosure of information. The Act provides that cable operators must utilize fair information procedures and may not disclose identifiable information, including viewer choices or retail transactions without written or electronic consent. A subscriber has the right to limit disclosure of name and address for mail solicitation purposes and has a right of accuracy and correction.

Children's On-line Privacy Protection Act of 1998 (CPPA)
The Act requires the Federal Trade Commission to prescribe regulations to protect the privacy of personal information collected from and about children on the Internet, to provide greater parental control over the collection and use of that information, and for other purposes.

Child Online Protection Act of 1998 (COPA)
The Act, 47 U.S.C. 231, prohibits anyone from knowingly making any commercial communication which includes material that is "harmful to minors" available to minors via the World Wide Web. Note t hat enforcement of this statute has been temporarily enjoined pursuant to ACLU v. Reno, 31 F. Supp. 2d 473 (E.D. Penn. 1999).

Family Education Rights and Privacy Act
The Family Education Rights and Privacy Act of 1974, 20 U.S.C. 1232g, regulates institutions which receive public funds. The Act requires educational institutions to grant students or parents of students access to student records, establishes procedures to challenge and correct information and limits disclosure to third parties.

Consumer Credit Reporting Reform Act
In 1996, Congress passed the Consumer Credit Reporting Reform Act, 15 U.S.C. 1681-1681t (1997), to help close some of the loopholes found in the FCRA. The Act narrowed the broad "legitimate need" purpose for which credit reports could be disseminated. Consumer credit reports may not be furnished for employment purposes only if the employer certifies that the employee has consented in writing.

Driver's Privacy Protection Act
The Driver's Privacy Protection Act of 1994, 18 U.S.C. 2721, was passed subsequent to the stalking and murder of actress Rebecca Schafer by a fan who allegedly retrieved her name and address from a motor vehicle department. The Act, which became effective in 1997, prohibits state Departments of Motor Vehicles and their employees from releasing "personal information" from a driver's record unless the request fits within one of fourteen exemptions. The exemptions include: "use by any federal agency; insurance company; licensed private investigator; o r any use related to vehicle safety, emissions, or research. . ."

The Act requires state motor vehicle departments to provide a citizen a means of prohibiting the disclosure of name, address, social security number, medical information or photograph on lists that are either rented out for marketing purposes or provided to other individuals. Businesses may still receive such information for certain purposes, including safety, insurance, use by licensed investigators, auto alterations or recalls or to verify information previously supplied.

Telecommunications Act
The Telecommunications Act, 47 U.S.C. 222, is a federal law that addresses consumer concerns on phone solicitation. The law imposes restrictions on the use of automated phone dialing systems, artificial or prerecorded voice messages and fax machines to send unsolicited advertisements. Where calling information is obtained by one telecommunications carrier from another, the Telecom Act stipulates that the sole purpose must be the provision of communications service.

The Telecom Act of 1996 is a major overhaul of telecommunications law. The goal of the legislation is to promote communications business competition. The FCC hopes to open up phone markets and increase competition in long distance services.

Telemarketing and Consumer Fraud Act
The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994, 15 U.S.C. 6101-6108, restricts telemarketing calls, especially those made by auto-dialers. The Act and its regulations provide that companies making sales calls must promptly identify themselves and their product or service. They must announce the cost before asking for money. They must have express, verifiable authorization in writing or recorded before debiting a consumer's checking account. They may call only between 8 a.m. and 9 p.m. Telemarketing may not be conducted in a pattern that is abusive of consumer's privacy.

Megan's Law
The federal Megan's Law, 42 U.S.C.S. 14071 (1999), obligates states to require prison official s or courts to inform convicted sex offenders of their obligation to register with state law enforcement authorities and to re-register if they move to another state. The state agencies in turn are to inform local law enforcement authorities, typically the local police department, of convicted sex offenders who reside in their jurisdiction. The state law enforcement agencies are also required to inform the FBI about the whereabouts of convicted sex offenders.

Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act of 1986, 18 U.S.C. 1030, was signed into law in order to clarify definitions of criminal fraud and abuse for federal computer crimes and to remove the legal ambiguities and obstacles to prosecuting these crimes. The Act established two new felony offenses for the unauthorized access of "federal interest" computers and a misdemeanor for unauthorized trafficking in computer passwords.

Child Pornography Protection Act of 1996
The Act, 18 U.S.C. 2251, makes it a crime to possess or distribute ersatz child pornography, including images of youthful adult models billed as underage or synthetic models created by combining photos of children and adults with computer graphics software.

Criminal History Records
This Act, 28 C.F.R. 20, regulates access to criminal history and incarceration records of individuals. It ensures accuracy, completeness, currency, integrity, and security of such information and protects individual privacy.

Privacy Protection Act of 1980
The Privacy Protection Act, 42 U.S.C. 2000aa-11, establishes the procedures for law enforcement agencies to acquire print media records. The Supreme Court's decision in Zurcher v. Stanford Daily, which permitted law enforcement access to newspaper's files, gave rise to this legislation.

Pending Laws, House of Representatives

Pending Laws, Senate