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UIC John Marshall Journal of Information Technology & Privacy Law

Authors

David Hueneman

Abstract

This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation of the Federal Intrusion Detection Network (FIDNet), which will monitor the federal departments and agencies. The analyses then examines whether or not any exceptions would allow the FIDNet plan to go forward in the face of Fourth Amendment rights.

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