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5 Cards in this Set
- Front
- Back
IDENTIFY WHAT IS AN "UNAUTHORIZED INTERCEPTION" under the FESS |
The use of a device, to intercept the contents of an oral, wire or electronic communication, without consent of a party, and without an ELSUR order |
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DESCRIBE HOW THE FESS DEFINE A "WIRE COMMUNICATION" |
VOIP, Direct Connect/PTT, Plain old telephone service, cell phone calls and cordless cell phone calls.
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DESCRIBE HOW THE FESS DEFINE AN "ORAL COMMUNICATION"
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an oral communication involves "no technology" between parties, oral com is protected by FESS only when it is also protected by the 4th amendment (oral com is protected by statute only when the parties have a reasonable expectation of privacy (that others will not overhear) |
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IDENTIFY, IN ACCORDANCE WITH FESS, WHO HAS THE AUTHORITY TO "CONSENT" TO THE INTERCEPTION OF A PROTECTED COMMUNICATION |
in federal cases- only one party needs to consent and only while party
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IDENTIFY HOW LONG A PARTY TO A PROTECT COMMUNICATION MAY "CONSENT" TO THE INTERCEPTION OF THAT COMMUNICATION
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only while the party is with that communication
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