TTCS INFORMATION TECHNOLOGIES

PROCEDURE AND PROTOCOLS UNDER THE “USA-PATRIOT ACT”

EXCEPTIONS TO THE ELECTRONIC COMMUNICATIONS PRIVACY ACT

INTRODUCTION

The new “anti-terrorist” legislation signed into law at the end of October and popularly known as the

“USA-Patriot Act” creates some new exceptions to the Electronic Communications Privacy Act of 1986.

This message outlines these new exceptions and states the TTCS-IT/TTCS departmental procedures.

ELECTRONIC COMMUNICATIONS PRIVACY ACT:

REQUIRED DISCLOSURES

The Electronic Communications Privacy Act (EPCA) makes the knowing “disclosure of contents,” of any

transmitted or stored contents of a communication illegal.  A number of exceptions already existed to that rule, including for law enforcement under authorized conditions such as a search warrant, subpoena, or enforcement that expands the scope of obtainable material and the grounds upon which law enforcement

may obtain and serve these authorizations.

TTCS-IT/TTCS PROTOCOL REGARDING DISCLOSURES

WITH AUTHORIZATION FROM LAW ENFORCEMENT

Should an individual or individuals representing themselves as law enforcement agents approach you and ask you to provide the content of electronic communication or any information about users of or traffic on the TTCS network with or without any form of written authorization, do not disclose any information.

Contact the TTCS-Information Technology (IT) staff.  If they are unavailable, please contact the TTCS Director or Student Services Coordinator.  The Director will make the necessary communication to Legal counsel’s Office.

ELECTRONIC COMMUNICATIONS PRIVACY ACT: EMERGENCY

DISCLOSURES

Section 212 of the USA-Patriot Act amends ECPA by adding a new voluntary disclosure exception for emergency situations.

Under this exception, if a provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of certain information without delay, the provider may disclose that information to a law enforcement agency.

TTCS-IT/TTCS PROTOCOL REGARDING EMERGENCY DISCLOSURES

Should you, in the course of business, reasonable believe that you have accessed information about an emergency involving immediate danger of death or serious physical injury, contact the Administration immediately.  After contacting the Administration, please report that contact and underlying information immediately to the TTCS-IT staff.  If they are unavailable, please contact the TTCS Director or Student Services Coordinator.

ELECTRONIC COMMUNICATIONS PRIVACY ACT: COMPUTER TRESPASS

Under the USA-Patriot Act owners or operators of electronic systems may authorize Federal law

enforcement to investigate computer trespass.  A computer trespasser is defined as a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.

TTCS-IT/TTCS PROTOCOL REGARDING AUTHORIZATIONS FOR

LAW ENFORCEMENT INVESTIGATION OF COMPUTER TRESPASS

Any member of TTCS-IT or TTCS staff who knows or believes that their system or systems have been compromised by a computer trespasser and who would like to have law enforcement investigate the matter should first report this request to either the TTCS-IT staff, TTCS Director, or Student Services Coordinator who will decide whether to contact law enforcement.

©2007 Tennessee Technology Center at Shelbyville, a Tennessee Board of Regents institution
1405 Madison Street, Shelbyville, TN 37160

The Tennessee Technology Center at Shelbyville, in its educational programs and activities involving students and employees, does not discriminate on the basis of race, color, national origin, sex, religion, or age. Furthermore, the technology center does not discriminate against veterans or individuals with disabilities.

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