Electronically Stored Information Chapter 5 Summary
Chapter 5 is called "Searches for Electronically Stored Information and Electronic Surveillance." It examines how technology has changed the way information is exchanged and stored. Electronically Stored Information (ESI) searches follow the Fourth Amendment, like traditional searches do, and require a warrant. This type of information includes data such as computer files, computer programs, memory cards and sticks, CDs and DVDs, servers, floppy disks, tablets, thumb and jump drives, tape media, cell phones, PDAs, external hard drives, cameras, iPods, voice-mail systems, fax machines, and copy machines. Computer forensics is constantly evolving as technology evolves. Electronic surveillance includes searches that are carried out using bugs, wiretaps, or other electronic devices that allow law enforcement to listen in on conversations or collect data. Title III from the Omnibus Crime Control and Safe Streets
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Act of 1968, as well as the USA PATRIOT Act, allow for electronic surveillance under a warrant for certain crimes. These are known as interception orders, which must first receive administration authorization by law enforcement before being submitted to the court for approval. These orders must be executed as soon as it is practical and do not require separate authorization to covertly enter a property to install a listening device. The interception of conversations by law enforcement must be conducted in a way that minimizes the overhearing of conversations unrelated to the crime. The exigent circumstances exception allows law enforcement to intercept wire, oral, or electronic communications without a interception order if there is an emergency situation or police were unable to get one in time. An emergency can only be designated by the U.S. attorney general or other specific officials as outlined under Title III. Violations under Title III can result in both criminal and civil penalties. Its exclusionary rule is much broader than the rule for Fourth Amendment violations. Additionally, the good-faith exception to the exclusionary rule does not apply under Title III.
There are certain types of communications that are either not covered by Title III or are exempted from being covered under Title III.
One such exception is a party to an oral communication. This exception follows the idea that an individual cannot expect what they tell another person will stay in confidence—unless there is some exception such as attorney-client privilege. Another exception is eavesdropping, like in situations where people should not expect that their conversations won't be overheard. A third exception is when a person agrees to the interception of communication. Law enforcement can use this communication in court against another person who was involved in the contact. An employee or agent of a communications provider can also intercept and disclose information to authorities. Victims of computer hacking can also allow communication to be intercepted. A system that is accessible to the public can have its information intercepted. Trap-and-trace devices, pen registers, and tracking devices are all not applicable under Title
III. The Foreign Intelligence Surveillance Act (FISA) allows for the electronic surveillance of foreign powers within the U.S., as well as the surveillance of lone wolves who are not associated with any foreign governments. Electronic surveillance carried out under FISA is for national defense purposes. Any federal agent can apply for this kind of warrant but it must first be approved by the U.S. attorney general. The Foreign Intelligence Surveillance Court (FISC) was created by Congress and charged with reviewing FISA applications. Through the attorney general, the president can approve FISA applications for up to one year without FISC approval under certain circumstances.
Act of 1968, as well as the USA PATRIOT Act, allow for electronic surveillance under a warrant for certain crimes. These are known as interception orders, which must first receive administration authorization by law enforcement before being submitted to the court for approval. These orders must be executed as soon as it is practical and do not require separate authorization to covertly enter a property to install a listening device. The interception of conversations by law enforcement must be conducted in a way that minimizes the overhearing of conversations unrelated to the crime. The exigent circumstances exception allows law enforcement to intercept wire, oral, or electronic communications without a interception order if there is an emergency situation or police were unable to get one in time. An emergency can only be designated by the U.S. attorney general or other specific officials as outlined under Title III. Violations under Title III can result in both criminal and civil penalties. Its exclusionary rule is much broader than the rule for Fourth Amendment violations. Additionally, the good-faith exception to the exclusionary rule does not apply under Title III.
There are certain types of communications that are either not covered by Title III or are exempted from being covered under Title III.
One such exception is a party to an oral communication. This exception follows the idea that an individual cannot expect what they tell another person will stay in confidence—unless there is some exception such as attorney-client privilege. Another exception is eavesdropping, like in situations where people should not expect that their conversations won't be overheard. A third exception is when a person agrees to the interception of communication. Law enforcement can use this communication in court against another person who was involved in the contact. An employee or agent of a communications provider can also intercept and disclose information to authorities. Victims of computer hacking can also allow communication to be intercepted. A system that is accessible to the public can have its information intercepted. Trap-and-trace devices, pen registers, and tracking devices are all not applicable under Title
III. The Foreign Intelligence Surveillance Act (FISA) allows for the electronic surveillance of foreign powers within the U.S., as well as the surveillance of lone wolves who are not associated with any foreign governments. Electronic surveillance carried out under FISA is for national defense purposes. Any federal agent can apply for this kind of warrant but it must first be approved by the U.S. attorney general. The Foreign Intelligence Surveillance Court (FISC) was created by Congress and charged with reviewing FISA applications. Through the attorney general, the president can approve FISA applications for up to one year without FISC approval under certain circumstances.