IST 432 Unit 4 Day 6

What is the definition of oral communications and what does the protection of it prohibit?

- Any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation - It prohibits bugs, recording and transmitting devices

What does the Wiretap Act's (ECPA's) Exclusionary Rule not provide protection for?

- Electronic Communication - "Stored" Communications of any kind - Trap/Trace & Pen Register

What is the SCA process for judicial authorization with respect to the age of the content?

- For content that is 180 days old or less, the court needs probable cause - For content that is older than 180 days old, the court needs to submit prior notice to the subscriber and have a subpoena showing (not probable cause) but "specific "specific & articulable facts [of] reasonable grounds" that target communications are relevant

What is the Wiretap Act's (ECPA's) Exclusionary Rule?

- It allows for the motion to suppress evidence if it is the content of any WIRE or ORAL communication intercepted

What does the Wiretap Act do?

- It doesn't make ALL wiretaps illegal - It allows certain officials to apply for them (not police)... the wiretap orders can only be for certain felonies and those officials must state their justification under oath

What is the Electronic Communications Privacy Act of 1986 (ECPA) and what does it do?

- It is the current federal electronic surveillance law that has been amended to some extent by the USA PATRIOT Act - It establishes the protection of communication based on different types

Someone can make a motion to suppress evidence if...

- It was unlawfully intercepted - The original order was insufficient on its face - The interception was not made in conformity with the order

What are some exceptions to the Wiretap Act?

- Only ONE of the parties to a conversation needs to consent - Service providers can "intercept, disclose or use" communication in normal course of business, necessary or incident to rendition of services, or to protect their own rights

What are the three types of communication protected by the ECPA and how much protection does each give?

- Wire communications: most protection - Oral communications: middle amount of protection - Electronic communications: least amount of protection

What are the three acts within the ECPA?

1. Wiretap Act 2. Stored Communications Act 3. Pen Register Act

What do you need to be able to legally use a pen register?

A court order

What was the importance of the U.S. v. Andrus case of 2007?

A test was created to decide when consent to search a computer to law enforcement is valid. If a "reasonable officer" would believe that a third party has actual or apparent authority over a computer, it can be searched.

What is the definition of electronic communications?

Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted (whole or part) by a wire, radio, electro-magnetic, photo-electronic or photo-optical system affecting interstate or foreign commerce

What is the definition of wire communications (aural transfers)?

Communications that travel (at least partially) through wire or similar medium & transfer the human voice at some point during the transmission (even if digitized)

What does the Foreign Intelligence Surveillance Act of 1978 (FISA) do?

FISA prescribes procedures for judicial authorization for electronic surveillance/physical search of persons engaged in espionage or international terrorism against the U.S. on behalf of a foreign power (meaning it allows electronic surveillance, covert searches, pen register/trap and trace, etc.)

What does the ECPA apply to?

Federal, state, and private taps

What was the importance of the U.S. v. Lacy case of 1997?

It allowed generic warrant description, in computer context, because having precision is difficult

What was the importance of the U.S. v. Hambrick case of 1999?

It declared that an ISP may trust a facially valid subpoena even if if it is later invalidated... if it turns out that it wasn't valid, then the remedy would be civil liability

What was the importance of the Steve Jackson Games v. U.S. Secret Service case of 1994?

It declared that stored electronic communications cannot be unlawfully "intercepted" when in electronic storage

What was the importance of the U.S. v. Campos case of 2000?

It labeled disorganization and deceptive file names as concealment tactics

What was the importance of the U.S. v. Scarfo case of 2001?

Legal keyloggers do not need surgical precision in collecting information. A generic warrant description is okay because precision is too difficult

What was the importance of the Trulock v. Freeh case of 2001?

One user of a computer with multiple users could only consent to a general search of the computer to law enforcement

What do "stored communications" include?

Stored communications include content, metadata & subscriber info held by electronic communications service provider

What was the importance of the McVeigh v. Cohen case of 1998?

The ECPA was amended to hold the government liable for fraudulent acquisition of ISP records

What court authorizes court orders for electronic surveillance and the physical search of people engaged in espionage or terrorism?

The Foreign Intelligence Surveillance Court (FISC)

What does the Pen Register Act cover?

The Pen Register Act covers pen registers (outgoing numbers) and "trap and trace" devices (the incoming electronic or other impulses which identify the originating number or other identifying information)

What does the Stored Communications Act (SCA) do?

The SCA makes it a criminal offense to: - Intentionally access without authorization a facility providing electronic communication service - Intentionally exceed authority to obtain, alter or prevent (others') access while in "electronic storage"

What is the test for a court order surveillance under FISA?

The person must be proven to be an agent of a foreign power... you don't need to prove a crime or have probable cause

What was the importance of the U.S. v. Carey case of 1999?

When a search is being conducted of someone's computer and a new crime seems to be found, law enforcement needs a second warrant

When does an internet service provider have to disclose records pertaining to a subscriber?

When the government: - obtains a valid federal of state warrant - obtains a court order - has the consent of the subscriber or customer