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Computer Crime and
Intellectual Property Section (CCIPS)
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Privacy Issues in the High-tech Context
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Law Enforcement Concerns Related to Computerized Data
Bases
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Enforcing the Criminal Wiretap Statute
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Referring Potential Privacy Violations to the Department
of Justice for Investigation and Prosecution
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Testimony on Digital Privacy
A. Law Enforcement Concerns
Related to Computerized Data Bases
The Computer Crime and Intellectual Property Section of the
Department of Justice submitted comments in response to the request of
the Federal Trade Commission ("FTC") for comments on its workshop on Consumer
Information Privacy and its Data Base Study. The Department is deeply concerned
about the safety and security of American citizens. The Department is vigilant
to take appropriate measures to guard their privacy while using all the
resources at its disposal, including information resources, to investigate
and prosecute violations of the federal criminal law. The comments are
available via the link below:
B. Enforcing the Criminal Wiretap Statute
The Computer Crime and Intellectual Property Section helps
to protect the privacy of Americans by enforcing the criminal wiretap statute,
18 U.S.C. § 2511. One well-publicized interception involved a conference
call in which the Speaker of the House Newt Gingrich participated. The
couple that intercepted the call pleaded guilty on April 25, 1997, as is
described in the press release below.
On September 8, 1998, a Sheriff in North Carolina pled guilty today to
wiretapping and recording a high school teacher's telephone calls, which
the Sheriff intended to use to force the teacher out of his job. More information
regarding this prosecution is available via the following link:
C. Referring Potential Privacy Violations to the
Department of Justice for Investigation and Prosecution
Recently, Deputy Attorney General Eric Holder wrote a memo
to the Inspector General community encouraging them to refer potential
violations of federal privacy statutes to the Department of Justice for
investigation and prosecution. The letter provides an overview of
federal privacy laws, including the Privacy Act, and explains the sentencing
guidelines associated with particular violations. The letter further
directs that all suspected 1030(a)(2) offenses should be referred to the
Computer Crime and Intellectual Property Section.
D. Testimony on Digital Privacy
On March 27, 2000, John T. Bentivoglio, Special Counsel for Health Care
Fraud and Chief Privacy Officer at the U.S. Department of Justice, gave
remarks on the prosecution of health care fraud and the protection of health
care privacy on the Internet. His speech focused on the Federal government's
fraud, consumer protection, and privacy protection efforts as they relate
to the Internet healthcare industry.
On May 27, 1999, the Subcommittee on Courts and Intellectual Property
of the Judiciary Committee, United States House of Representatives convened
a hearing on medical records privacy. John T. Bentivoglio, the Justice
Department’s Chief Privacy Officer, testified before the committee on the
subject of digital privacy in general. The testimony outlines the
Department’s privacy initiatives, including the work of the Privacy Council
and comments on industry-led privacy safeguarding measures. The testimony
also addresses problems that result from failures to protect privacy, from
Internet fraud to identity theft. The testimony is linked below.
Go to . . . CCIPS
home page || Justice Department
home page
Updated page April 24, 2000
usdoj-crm/mis/mdf
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