Laws 1 Flashcards
If an e-mail message resides on a sender’s or recipient’s computer or other device, the ??? to the U.S. Constitution and state requirements govern the seizure and collection of the message. Determine whether the person on whose computer the evidence resides has a reasonable expectation of privacy on that computer. The ??? requires a search warrant or one of the recognized exceptions to the search warrant requirements, such as consent from the device owner.
Fourth Amendment
If an Internet service provider (ISP) or any other communications network stores an e-mail, retrieval of that evidence must be analyzed under the ??? . The ??? creates statutory restrictions on government access to such evidence from ISPs or other electronic communications service providers.
Basic Subscriber info
Transactional info : info including web sites visited, email addresses of others w/whom the subscriber exchanged e-mail and buddy lists, can be obtained w/court order or search warrant.
Content Info : An investigator who has a search warrant can obtain content information from retrieved e-mail messages and also acquire un-retrieved stored e-mails.
Real-time Access : To intercept traffic as it is sent or received, an investigator needs to obtain a wiretap order.
Electronic Communications Privacy Act (ECPA)
Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.
Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.
For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn,” is not misleading.
18 U.S.C. 2252B
U.S. wiretapping law and purpose is to allow law enforcement and intelligence agencies to lawfully conduct electronic surveillance. It requires that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in surveillance capabilities, allowing federal agencies to monitor all telephone, broadband Internet, and VoIP traffic in real time.
CALEA (The Communication Assistance to Law Enforcement Act)
It significantly reduced restrictions on law enforcement agencies’ gathering of intelligence within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and/or deporting immigrants suspected of terrorism and related acts.
USA Patriot Act
The purpose of the act was to extend federal wiretap laws to cover electronic communications, including the requirement that a law enforcement officer needs a warrant to intercept electronic communications. In regard to email, both parties in a conversation must give consent. The recording must occur in the ordinary course of business.
The Electronic Communications Privacy Act of 1986
Granted the ability to wiretap only digital telephone networks, to include the ability to monitor Voice over IP (VoIP) and broadband internet communications so that they could monitor web traffic as well as phone calls.
The Communications Assistance to Law Enforcement Act of 1996
was passed to improve the security and privacy of sensitive information in federal computer systems. The law requires the establishment of minimum acceptable security practices, creation of computer security plans, and training of system users or owners of facilities that house sensitive information.
The Computer Security Act of 1987
??? includes many provisions relative to the privacy and disclosure of information in motion through and across telephony and computer networks.
The Telecommunications Act of 1996
allows for collection and use of “empty” communications, which means nonverbal and nontext communications, such as GPS information.
The Wireless Communications and Public Safety Act of 1999
