Federal Laws Regulating Government Investigations

Yes. in 2005, the FCC issued an order tha tproivders of broadband Internet access and VoIP services were "telecommunications services," and so are under CALEA requirements.

Does CALEA apply to internet services? explain.

(1) the carrier may develop its own compliance solution with surveillance capability for its unique network. (2) the carrier may purchase a compliance solution with surveillance capability from vendors, including the manufacturers of the equipment it is using to provide service. (3) the carrier may purchase a compliance solution with surveillance capability from a trusted third party.

In what three ways may a telecommunications carrier comply with CALEA?

Title I expands the Federal Wiretap Act to prohibit the intentional, actual, or attempted interception, use, disclosure, or procurement of the contents of any wire, oral, or electronic communication. Title I also prohibits the use of illegally obtained communications as evidence in a court or other governmental proceeding.

The ECPA has three Titles. Explain Title I.

Title II of the ECPA, which is called the Stored Communications Act ("SCA"), protects the privacy of the contents of files stored by service providers and of records held by service providers relating to a subscriber, such as the subscriber's name, billing records, or IP address.

The ECPA has three Titles. Explain Title II.

1986 to update the Federal Wiretape Act

The Electronic Communications Privacy Act ("ECPA") was enacted in _____ to update the _______.

Arbitrary arrests and is the basis of law regarding search warrants, stop-and-frisk tactics, safety inspections, wire taps, and other forms of surveillance. The Supreme court has stated that the fundamental purpose of the Fourth Amendment is to guarantee "the privacy, dignity and security of persons against certain arbitrary and invasive acts by officers of the Government."

The _____ Amendment of the Untied States Constitution protects against _____.

(1) immediate seizure of the material is necessary to prevent death or serious bodily injury, or (2) there is probable cause to believe that the person possessing the materials has committed or is committing a criminal offense to which the materials relate. This exception does not apply if the member of the media's only crime is possession, receipt or communication of the work product itself.

A search or seizure (in general, but specifically under PPA) without a subpoena is only permitted if (1) _____ or (2) _____.

A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.

Under the SCA, when must a provider preserve records?

Before a wiretapping order is issued, law enforcement personnel must submit a detailed application to a federal judge. The judge will issue a wiretap order only if the application reeals probable cause to believe that the interception will reveal evidence of a felony.

What must a law enforcement personnel get before a wiretapping order is issued? explain.

CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunication carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities.

What was the CALEA intended to do?

Enacted in 1994. it was created in response to concerns that emerging technologies, such as digital and wireless communications, were making it increasingly difficult for law enforcement agencies to execute authorized surveillance.

When Was the Communication Assistance of Law Enforcement Act ("CALEA") enacted? Why did congress create it?

When authorized, a wiretap order permits law enforcement to intercept communications for up to 30 days.

When authorized, a wiretap order permits law enforcement to intercept communications for up to _______.

2006 Second Report and Order Required faciltities-based broadband internet access providers and providers of interconnected Voice over Internet Protocol ("VoIP") service to comply with CALEA obligations.

in ______, the Federal Communications Commission ("FCC") issued a _________ that required ______ and ______ to ______.

Once an applicant certifies that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the applicants agency. yes, since the threshold for a wiretap requires probable cause that a felony is being committed.

under the ECPA, when may a court issue a pen register or trap and trace order? is the threshold for obtaining a pen register or trap and trace order substantially lower than that for a wiretap? explain.

Pen registers and trap and trace devices captures only transnational information, such as telephone numbers and the duration of the communication. They do not record the actual contents of the communication. Therefore, these devices do not generally violate the Federal Wiretap Act.

Do pen registers and trap and trace devices violate the Federal Wiretap Act? Explain

Title III of the ECPA, which addresses pen register and trap and trace devices, requires government entities to obtain a court order authorizing the installation and use of a pen register (a device that captures the dialed number of outgoing calls) and/or a trap and trace device (a device that captures the numbers of incoming calls).

The ECPA has three Titles. Explain Title III.

The ECPA protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. Therefore, the ECPA applies to email, telephone conversations, and data stored electronically.

The ECPA protects (1) _____, (2) _____, and (3) ________ communications while those communications are (1) ______, (2) _______, and (3) _________. What does the ECPA apply to?

(1) prohibits all third parties (including the government) from wiretapping telephones and installing electronic surveillance equipment (known as "sniffers") from reading Internet traffic. (2) it also prohibits all third parties from disclosing or using the actual contents of the intercepted communication. The Act does not prohibit the disclosure or use of transnational information about the communication, such as the time, date, and length of the communication, as well as the participants to the communication.

The Federal Wiretap Act particularly prohibits two things? But what does it not prohibit?

1968 as Title III of the Omnibus Crime Control and Safe Streets Act. Wire (that is, telephone) and oral communications, but was later extended to additionally include all electronic communications.

The Federal Wiretap Act was enacted in ____ as Title ____ of the _________. The Federal Wiretap Act originally regulated only ______- and ______, but was later extended to additionally include ______.

Prevents the government from seizing a journalists materials during an investigation. Prohibits "a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication."

The PPA generally prevents ________. The PPA specifically prohibits ______.

Work product and documentary materials. obtain a subpoena from a court. Subpoena ---- to response and the opportunity to challenge the validity of the subpoena.

The PPA protects both _______ and ______. To obtain a journalist's materials, the government is first generally required to ____ The ____ will provide the journalist with a definite amount of time to _______ and _______.

1980 to protect journalists and newsrooms from searches by government officials. Response to a 1978 Supreme Court decision holding that a search of the offices of the Stanford Daily, a student newspaper published at Standard University, was constitutional because a search warrant had been duly issued for the search.

The Privacy Protection Act ("PPA") was enacted in _____ to ______. The Act was passed in response to _______.

Governs disclosures to the federal government, its officers, agents, agencies, and departments. it does not govern private businesses or state or local government.

The Right to Financial Privacy Act governs _______. it does not govern ______.

Prohibits financial institutions from disclosing a customer's financial records to the federal government except in limited circumstances, including pursuant to (1) the customer's authorization, (2) an administrative subpoena or summons, (3) a search warrant, and (4) a judicial subpoena or formal written request in connection with a legitimate law enforcement inquiry.

The Right to Financial Privacy Act prohibits __________ from _________, except in limited circumstances, including pursuant to (1) _____, (2) _____, (3) _____, and (4) _____.

1978 to protect the confidentiality of financial records.

The Right to Financial Privacy Act was enacted in _____ to ______

Against the unauthorized acquisition, alteration or blocking of electronic communications while in electronic storage in a facility through which an electronic communications services is provided. Authorized "by the person or entity providing a wire or electronic communications service," which will often be the company. Authorized "by a user of that service with respect to a communication of or intended for that use."

The Stored Communications Act was enacted as part of the ECPA. it creates a general prohibition against _____. The SCA has an exception for conduct authorized _____. it also has an exception for conduct authorized ____.

(1) The Federal Wiretap Act, (2) The Electronic Communications Privacy Act ("ECPA"), (3) the Communications Assistance for Law Enforcement Act ("CALEA"); (4) the Right to Financial Privacy Act; and (5) The Privacy Protection Act ("PPA").

What are the 5 mains federal laws that proscribe or set limits to the conduct of the United States Government?

(1) under federal law, if one party to the communication consents to the interception it is permitted. (But under most state laws, consent of both parties is required). (2) Operators are authored to intercept and monitor communications placed over their facilities in order to combat fraud and theft of service. (the interception must be in the ordinary/normal course of the user's business. generally does not apply to purely personal phone calls). unless one of these two exceptions exist, a wiretap order is required before intercepting communications.

What are two exceptions to the Federal Wiretap Act's broad prohibition against interception of communications?

CALEA requires telecommunications carriers to ensure that their equipment, faciltites, and services enable enforcemetn officials to conduct electronic surveillance pursuant to a court order or other lawful means

What does the CALEA require telecommunication carriers to do?

It broadly prohibits the intentional interception, use or disclosure of all wired and electronic communications unless a statutory exception applies.

What does the Federal Wiretap Act generally prohibit?