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34 Cards in this Set

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What are the 3 parts of the ECPA?
1. Wiretap Act
2. Stored Communications Act
3. Pen Register Act
What does the Wiretap Act cover?
Communications during transmission
What does the Stored Communications Act cover?
1. Data that is stored
What does the Pen Register Act cover?
Wire (Aural) – Human voice is transferred some point during transmission

Oral

Electronic
Who can make requests under the Freedom of Information Act?
Everyone
US v Miller
Holding: fourth amendment does not apply; defendant did not have reasonable expectation of privacy in bank records
What are the 3 types of classified documents?
Confidential
Secret
Top secret
What are the reasons for classification?
Military plans, weapons, systems, or operations
Foreign government information
Intelligence activities, sources, and methods (highly secretive)
Foreign relations or activities of US including confidential sources
Scientific, technological, or economic matters related to national security, includes defense against transnational terrorism
Us gov’t programs for safeguarding nuclear materials or facilities
Vulnerabilities of infrastructure
WMD’s
McVeigh v Cohen
Investigation of navy service-member revealed sexual orientation; basis for discharge
ISP records obtained fraudulently
Navy’s investigation unauthorized & likely illegal under ECPA
AOL violated ECPA
Exceptions to Wiretap Act
Consent – don’t trust anyone

Service provider - May intercept, disclose, or use communications in normal course of business
National security letters, authorized investigations for ___________
hostile foreign intelligence activity
What does Communications Assistance for Law Enforcement Act of 1994 (CALEA) apply to?
Requires TeleCom providers to cooperate with the government when needed
Telecom providers must protect the privacy and security of communications and call-identifying information not authorized to be intercepted
CALEA does not apply to information services, such as email and internet
US v Scarfo
FBI installed key logging device on computer to get password and access to files

No interception of communication in transit b/c did not record keystrokes while defendant modem was operating
No suppression/exclusion for electronic communications under wiretap act of ECPA
When do you need to comply with an Administrative Subpoena?
Legitimate purpose for investigation, inquiry is relevant to purpose

Information not already in agency’s possession
What is the subpoena used in criminal cases?
Grand Jury subpoenas
Exceptions to the Freedom of Information Act in regards to privacy
Personnel & medical files
Active investigation law enforcement files
Why no fourth amendment for isp records
No protection of basic user information
Can a voluntary search by private citizens violate the 4th amendment?
No
Privacy Protection Act if illegal files given different names
US v Lacy – generic warrant description OK due to precision difficulties
Feasibility issue: “sufficient chance of finding some needles in computer haystack”
Us v Campos – disorganization & deceptive file names are concealment tactics
Requires search of all stored data to determine if included in warrant
Lab environment, time & specialist required for complete analysis
Can subpoenas compel incriminating evidence
Yes
Stored Communications Act - What is the threshold?
Threshold – 180 day storage
Under only allowable based on warrant with probable cause
Over – prior notice to subscriber and subpoena
Do courts like aliases?
No
What is aural?
of or pertaining to the ear or to the sense of hearing, (voice)
When is video surveillance covered under ECPA?
ECPA does not apply if silent and real time
If audio with it applies to ECPA
If video stored than applies to ECPA
US v Isa, how did it interplay with FISA?
Rule: information properly obtained under FISA procedures may be used in a criminal prosecution
DOJ v Reporters committee for freedom of the press
Reporters wanted the criminal “rap sheet” of Medico
Ruling: request for law enforcement records about private citizen does invade citizen’s privacy, and not aimed at official information, invasion unwarranted
US v Sokolow
Court found that individual’s fitting the requirements of DEA drug courier profile can constitute reasonable suspicion
Analysis was that, while any one aspect would not necessarily prove criminal conduct, taken together they add up to reasonable suspicion
Factor when more than one person shares a computer and permission given to search
Apparent Authority
When are generic warrants acceptable for computer search?
precision difficulties
Under ecpa, which circumstances are not an exclusionary rule?
Electronic Communication

"Stored" Communications of any kind

Trap/Trace & Pen Register
What is Foreign Intelligence Surveillance Act of 1978 (FISA)?
designed for intelligence agencies to gather information on foreign powers and their agents (terrorists)
What is the Privilege where us can withhold information on national security grounds?
State Secrets Privilege
Why would a motion to quash be used?
subpoena was not lawfully issued
What does the USA PATRIOT act section 215 allow?
authorized investigations of international terrorism or clandestine intelligence activities