Quote: (11-18-2015 03:37 PM)Merenguero Wrote:
Quote: (11-18-2015 03:05 PM)vinman Wrote:
Quote: (11-18-2015 02:14 PM)Merenguero Wrote:
Where are you guys getting all this about F.B.I. background checks being illegal? I'm not doubting you, but I've never heard or read anything about it. Is it a crime under federal law, state law, or both? Do you have to use F.B.I. equipment for it to fall under the statute? What if third parties do the background check? As I hinted at before, I can find more than enough information about a person in the area where I live, just by using means that are completely legal and available to the public. If Cattle Rustler lived where I do and I had his name, it would take me all of two minutes to get his date of birth, address (assuming that information is correct in the record), and any offenses with which he has been charged.
If it's not a part of an official sanctioned investigation it's a violation of local, state, and federal law.
What statutes or caselaw say this? If someone can point me to it, I can read and interpret it and be able to better explain what is going on.
http://codes.ohio.gov/oac/4501:2-10
Chapter 4501:2-10 Law Enforcement Automated Data System (LEADS)
4501:2-10-01 Definitions.
For purposes of this chapter:
(A) "Administration of criminal justice" means the performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
(B) "Automated fingerprint identification system (AFIS)" is the system developed to provide identification services to the nation's law enforcement community and to organizations where criminal background histories are a critical factor in consideration for employment. AFIS is a computer based system that can store, process, analyze, and retrieve millions of fingerprints.
© "Audit" means a formal, periodic examination of records to verify they are current, complete and accurate, and to verify adherence with LEADS and NCIC rules, policies, and regulations.
(D) "Audit trail" means the recorded information tracking the responsibility for hard copies of data garnered from LEADS.
(E) "Bureau of Criminal Investigation and Identification (BCI& I)" is the agency which receives and files fingerprints, photographs and other information pertaining to both felony and misdemeanor arrests submitted by law enforcement agencies throughout the state.
(F) "Bureau of motor vehicles (BMV) or division of motor vehicles (DMV)" is the state-level agency which provides vehicle licensing, titling, and registration information.
(G) "Computerized criminal history (CCH)" means an electronic data processing file which is accessible using specific data fields. It contains records of arrests and dispositions of criminal proceedings entered into the system. The repository of these records is the responsibility of the bureau of criminal identification and investigation as specified in sections 109.57 and 109.60 of the Revised Code.
(H) "Criminal justice administrator" means a person who manages and directs the affairs of a criminal justice office; i.e. police chief, sheriff, highway patrol post commander, administrative judge, FBI special agent-in-charge, chief probation/parole officer, director of intrastate regional system, prosecutor, chief park ranger, etc.
(I) "Criminal justice agency" means:
(1) Courts; and
(2) A governmental or non-governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part (more than fifty percent) of its annual budget to the administration of criminal justice.
(J) "CJIS systems agency (CSA)" means the agency which maintains management control of the computer system on which LEADS resides. CSA responsibilities include planning for necessary hardware and software, funding, training, record validations, quality control, dissemination of manuals and other publications, security, audits, and adherence to LEADS rules. The Ohio state highway patrol is the Ohio CSA.
(K) "CJIS system agency information security officer (CSA ISO)" means the designated person within the CSA who has the responsibility to establish and maintain information security policy, assesses threats and vulnerabilities, performs risk and control assessments, oversees the governance of security operations, and establishes information security training and awareness programs.
(L) "CJIS systems officer (CSO)" means the designated person within the CSA supplying a single contact point for the state of Ohio. This person is appointed by the superintendent of the Ohio state highway patrol.
(M) "Criminal justice information (CJI)" is the abstract term used to refer to all of the LEADS provided data necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to: biometric, identity history, person, organization, property, and case/incident history data.
(N) "Criminal justice information services (CJIS)" serves as the focal point and central repository for criminal justice information services in the FBI. This division provides identification and information services to local, state, federal and international criminal justice communities. The CJIS division includes the fingerprint identification program, national crime information center program, uniform crime reporting program, and the development of the integrated fingerprint identification system.
(O) "Dynamic Multipoint Virtual Private Network (DMVPN)" is a "Cisco Systems, Inc." solution for building scalable virtual private networks.
(P) "Electronic mail," also known as e-mail, is the capability of sending messages and data between individuals.
(Q) "Encryption" means an application of a specific algorithm of data so as to alter the appearance of the data making it incomprehensible to those who are not authorized to see the information.
® "Firewall" means a system designed to prevent unauthorized access to or from a private network. Firewalls can be implemented in both hardware and software, or a combination of both. Firewalls are frequently used to prevent unauthorized internet users from accessing private networks connected to the internet, especially intranets.
(S) "INTERPOL (the international criminal police organization)," located in Lyon, France, is the world's largest international police organization. It was created to support and assist all organizations, authorities and services whose mission is to prevent or combat international crime.
(T) "Interstate identification index (III)" means a computerized pointer system maintained in the NCIC that identifies the repository of criminal history records. Inquiries against the III may result in responses from the FBI identification division as well as from one or more states holding records.
(U) "Intrastate regional system" means a governmental computer system which serves as a cooperative between political subdivisions in a particular region for the purpose of providing a consolidated computerized information system for criminal justice agencies. An application for regional status will be reviewed by the LEADS steering committee (LSC), and recommended to the superintendent of the Ohio state highway patrol for approval.
(V) "Local agency security officer (LASO)" means the person designated as the primary information security contact between a local law enforcement agency and the CSA. The LASO actively represents their agency in all matters pertaining to information security, disseminates information security alerts and other material to their constituents, maintains information security documentation (including system configuration data), assists with information security audits of hardware and procedures, and keeps the CSA informed as to any information security needs and problems.
(W) "Law enforcement automated data system (LEADS)" means the statewide computerized network which provides computerized data and communications for criminal justice agencies within the state of Ohio. LEADS is administered by the Ohio state highway patrol superintendent. LEADS does not include data and files separately collected and maintained by intrastate regional systems or other individual user systems.
(X) "LEADS data" is the abstract term used to refer to all of the LEADS provided data necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to: biometric, identity, history, person, organization, property, and case/incident history data.
(Y) "LEADS Mobile" is an application that provides web-based access to LEADS for law enforcement officers operating in a mobile environment.
(Z) "LEADS owned equipment" means any network connectivity equipment owned or leased by LEADS.
(AA) "LEADS steering committee" is established to provide advice to the superintendent of the Ohio state highway patrol concerning the governing of LEADS.
(BB) "LEADS trap" means the system used to protect officers involved in high-risk investigations, who have been verbally threatened with physical harm, or have reason to believe physical harm could occur as a result of performing their duties.
(CC) "LEADS access device" means a personal computer with monitor, central processing unit (CPU), operating system, any printers, and LEADS approved software.
(DD) "Managed security services" means network security services performed by a private company or contractor. Selecting a managed security service includes but is not limited to the set up, configuration, operations, maintenance and monitoring of your security infrastructure. This applies to firewalls, intrusions detection systems, syslog servers, and network monitoring equipment.
(EE) "Management control" means having the authority to set and enforce:
(1) Priorities;
(2) Standards for the selection, supervision, and termination of personnel; and
(3) Policy governing the operation of computer circuits and telecommunications terminals used to access LEADS.
(FF) "Mobile access device" is a portable/wireless terminal owned/leased by a criminal justice agency and whose operator is under the management control of the LEADS user agency.
(GG) "Message" refers to any information communicated from terminal to terminal through the LEADS communication network.
(HH) "National Data Exchange (N-DEx)" is the "FBI" system developed to provide criminal justice agencies with a mechanism for sharing, searching, linking, and analyzing information across jurisdictional boundaries.
(II) "National crime information center (NCIC)" means the nationwide computerized filing system established for criminal justice agencies at the local, state, and federal levels and is managed by the federal bureau of investigation (FBI).
(JJ) "NLETS (International Justice and Public Safety Information Sharing Network)" means the computerized message switching and filing system linking local, state, federal, and international criminal justice agencies for information exchange. This system is operated as a cooperative of the states.
(KK) "Nonterminal agency" means a criminal justice agency qualifying for an originating agency identifier but not having a direct connection to LEADS.
(LL) "Originating agency identifier (ORI)" means a unique, nine character identifier assigned by LEADS and NCIC to electronically address each agency and terminals within the agency.
(MM) "Practitioner" is any person authorized to receive LEADS data who is "not" a certified terminal operator.
(NN) "Secondary dissemination" is when criminal history record information is released to another authorized agency, and that agency was not part of the releasing agency's primary information exchange agreement(s).
(OO) "Serious misdemeanors," for the purpose of being a terminal operator, include but are not limited to the following:
(1) Any offense classified by the Ohio Revised Code as a misdemeanor of the first degree;
(2) Any offense which involves a crime against a person in which physical harm or the threat of physical harm occurred;
(3) Any offense involving the use/misuse of a computer or computer system;
(4) Any offense involving theft, identity theft, fraud, or other similar offense;
(5) Any offense involving the impersonation of a law enforcement officer;
(6) Any offense where the use of LEADS information was instrumental in the commission of the offense.
An appeal process is available anytime there is denial of access to work on/within LEADS.
(PP) "Terminal" means a workstation, wireless device, or intrastate regional device from which LEADS, NCIC or NLETS data may be accessed.
(QQ) "Terminal agency" means a criminal justice agency qualifying for an originating agency identifier which has a terminal accessing LEADS.
(RR) "Terminal agency coordinator (TAC)" means the designated person that serves as the point-of-contact at the local agency for matters relating to LEADS information access. A TAC administers LEADS systems programs within the local agency and oversees the agency's compliance with LEADS systems policies.
(SS) "USNCB (United States national central bureau)" is a component of the department of justice serving as the point of contact to INTERPOL for United States law enforcement agencies.
(TT) "Validation" means the act of reviewing records to ensure the accuracy, completeness and continued interest of the data therein.
Effective: 1/22/2015
Five Year Review (FYR) Dates: 12/26/2017
Promulgated Under: 119.03
Statutory Authority: R.C. 5503.10
Rule Amplifies: R.C. 5503.10
Prior Effective Dates: 10/10/91, 4/11/94, 9/29/94, 10/21/95, 5/27/96, 7/31/98, 7/1/01, 11/1/03, 12/23/04, 02/15/08, 04/05/2013
https://www.leadsonline.com/main/registr...itions.php
Whenever you log into the system in tracks and monitors everything you search. So the OP can use FOIA to bring heat on the fed that looked him up.
