ECPA/ CALEA / WIRE

Question 1

Application for Court Order [18 U.S.C. § 3122]

Answer 1

• AUSA makes application in writing, under oath, before court of competent jurisdiction.
• Application must identify the AUSA and law enforcement agency conducting the investigation.
• Application must contain a certification that the information to be obtained is relevant to an ongoing criminal investigation conducted by that agency

Question 2

Aural transfer

Answer 2

transfer containing the human voice at any point

between and including the point of origin and the point of reception

Question 3

Oral Communication

Answer 3

any oral communication uttered by a person
exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication

Question 4

Wire Communication

Answer 4

Communication that travels on a wire or partially on a wire.

Question 5

Oral Communication

Answer 5

Verbal communication. No court order needed unless the person has REP in the conversation

Question 6

Electronic communication does not include:

Answer 6

a. any wire or oral communication.
b. any communication made through a tone-only paging device.
c. any communication from a mobile tracking device
d. electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

Question 7

Whos behavior is regulated by T3:

Answer 7

Everybody

Question 8

Lawful ways to intercept wire, oral, or electronic communications or to conduct electronic surveillance

Answer 8

1. Court Order *
2. Person who is a party to the communication or one of the parties to the communication has given prior consent to such interception.*
3. Openly in public
4. Unencrypted, unsecured radio communications.

Question 9

Use duration for Trap/trace, pen register

Answer 9

60 days with 60 day extension

Question 10

How to get a Trap or Pen

Answer 10

Court order through AUSA
- Must contain a certification that the information to be obtained is relevant to an ongoing criminal investigation conducted by that agency.

Question 11

Assistance [18 U.S.C. § 3124]

Answer 11

Order requires service provider, landlord, custodian, or any other person connected to install forthwith and furnish information, facilities, and technical assistance needed to accomplish installation unobtrusively

• Compensation is authorized
• Under CALEA, order to enforce may be issued.

Question 12

Lawful ways to intercept wire, oral, or electronic communications or to
conduct electronic surveillance

Answer 12

1. Court order
2. Prior one party consent
3. unencrypted radio coms
4. Computer trespasser

Question 13

Wiretap court order

Answer 13

• who authorizes: All forms of attorney general (acting, deputy)
• What can be authorized to intercept? Communications related to the
  crimes
  Need
• PC individual is committing, has committed, or is about to commit a
  Crime
• PC particular communications concerning that offense will be obtained
• PC normal investigative procedures have been tried and have failed or too dangerous
• PC the number is listed to the suspect

Question 14

Duration of a wiretap

Answer 14

30 day with 30 day extension.

Question 15

Emergency intercept

Answer 15

• Immediate danger

- May intercept for 48 hours before application is approved.

Question 16

Notice to Target

Answer 16

Within a reasonable time but not later than 90 after denial of application or the termination of an approved order
Provide
- the date of the entry and the period of authorized, approved or
disapproved interception, or the denial of the application
- If coms were or were not intercepted

Question 17

Stored communication

Answer 17

• if less than 180 days
  - Search warrant needed
  - No notification necessary
• If older than 180 days
  - conent, admin sub, grand jury sub, trial sub
  - Customer notice required.