Privacy and Law Enforcement Flashcards
1
Q
What is third party doctrine?
A
I can no longer expect privacy if I expose information to a third party.
2
Q
What is misplaced trust Doctrine?
A
I have no 4th amendment protections if I was betrayed by an informant or undercover agent because I assume the risk of betrayal.
3
Q
What is plain View Doctrine?
A
If it is in plain view, it is not a search
4
Q
What is Special Needs Doctrine?
A
Searches by non-law enforcement in schools, government employers, etc…
5
Q
ECPA WireTap?
- Year,
- Applies to
- Key Provisions
A
- 1986
- interception of communications ‘in flight’
- Interceptions
6
Q
What is required in a ECPA Wiretap court order? (3)
A
- court order requires details justifying interception.
- requires info when interception will occur and its duration.
- Requires a ‘super warrant’ The judge must find probably cause and alternative to interception have failed.
7
Q
What are two exceptions to the ECPA wiretap?
A
- Consent. If one party consents
- Service Provider. The wiretap Act does not apply to the interception of communications by a communications service provider.
8
Q
SCA?
- Year,
- Applies to
- Key Provisions
A
- 1986
- “communications in ‘electronic storage’
records of ISPs - Requires government to obtain via a court order, warrant, or subpoena
9
Q
What should we know about SCA and court orders?
A
- If the communications are “stored 180 days or fewer, the government must obtain a warrant supported by probable cause.
- stored more than 180 days AND prior notice. The government must provide prior notice to subscriber AND obtain subpoena or court order.
- If stored more than 180 days and NO prior notice than the government must obtain a warrant.
10
Q
Are there exceptions to SCA?
A
Yes, if subscriber consents
11
Q
CLOUD?
A
- CLOUD Act (Clarifying Lawful Overseas Use of Data Act
- 2018
- applies to providers of electronic communication services
- law enforcement requests for data stored abroad
