In an age where electronic communications are changing in front of our eyes, the potential to do harm using mobile phones, satellite telephones and other means of communications rivals the good they do. On the other hand, law enforcement needs up-to-date tools (laws) to cope with the advances, the population must be protected from undue intrusions on their privacy. This book presents an overview of federal law governing wiretapping and electronic eavesdropping. It includes a selective bibliography fully indexed for easy access.
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.
An overview of fed. law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a biblio. of legal commentary as well as the text of the Electronic Commun. Privacy Act (ECPA) and the Foreign Intell. Surveillance Act. The gov¿t. has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, install and use pen registers and trap and trace devices for law enforcement purposes under the ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act. This report includes a brief summary of the expired Protect America Act, and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.
This is a major addition to the field: a complete guide for the investigator and prosecutor in criminal cases as well as an in depth tool for defense attorneys. The practical and procedural nature of this law enforcement tool makes its use often subject to legal error and misapplication. This situation makes the guide particularly useful to the criminal defense bar. Contained in the book are over 29 sample documents associated with wiretaps as well as all content requirements demanded by law. Minimization procedures are also included.
The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law which protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This report provides a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326. Extensive appendices. This is a print on demand publication.
For every opportunity presented by the information age, there is an opening to invade the privacy and threaten the security of the nation, U.S. businesses, and citizens in their private lives. The more information that is transmitted in computer-readable form, the more vulnerable we become to automated spying. It's been estimated that some 10 billion words of computer-readable data can be searched for as little as $1. Rival companies can glean proprietary secrets . . . anti-U.S. terrorists can research targets . . . network hackers can do anything from charging purchases on someone else's credit card to accessing military installations. With patience and persistence, numerous pieces of data can be assembled into a revealing mosaic. Cryptography's Role in Securing the Information Society addresses the urgent need for a strong national policy on cryptography that promotes and encourages the widespread use of this powerful tool for protecting of the information interests of individuals, businesses, and the nation as a whole, while respecting legitimate national needs of law enforcement and intelligence for national security and foreign policy purposes. This book presents a comprehensive examination of cryptographyâ€"the representation of messages in codeâ€"and its transformation from a national security tool to a key component of the global information superhighway. The committee enlarges the scope of policy options and offers specific conclusions and recommendations for decision makers. Cryptography's Role in Securing the Information Society explores how all of us are affected by information security issues: private companies and businesses; law enforcement and other agencies; people in their private lives. This volume takes a realistic look at what cryptography can and cannot do and how its development has been shaped by the forces of supply and demand. How can a business ensure that employees use encryption to protect proprietary data but not to conceal illegal actions? Is encryption of voice traffic a serious threat to legitimate law enforcement wiretaps? What is the systemic threat to the nation's information infrastructure? These and other thought-provoking questions are explored. Cryptography's Role in Securing the Information Society provides a detailed review of the Escrowed Encryption Standard (known informally as the Clipper chip proposal), a federal cryptography standard for telephony promulgated in 1994 that raised nationwide controversy over its "Big Brother" implications. The committee examines the strategy of export control over cryptography: although this tool has been used for years in support of national security, it is increasingly criticized by the vendors who are subject to federal export regulation. The book also examines other less well known but nevertheless critical issues in national cryptography policy such as digital telephony and the interplay between international and national issues. The themes of Cryptography's Role in Securing the Information Society are illustrated throughout with many examplesâ€"some alarming and all instructiveâ€"from the worlds of government and business as well as the international network of hackers. This book will be of critical importance to everyone concerned about electronic security: policymakers, regulators, attorneys, security officials, law enforcement agents, business leaders, information managers, program developers, privacy advocates, and Internet users.
