Exam 5: Searches for Electronically Stored Information and Electronic Surveillance

Title III provides authority for designated officials to intercept wire,oral,or electronic communications without a prior interception order if an emergency situation exists that involves immediate danger of death or serious physical injury to any person.This is referred to as the _________________.

The __________ showing required for electronic surveillance is the same as that required by the Fourth Amendment for a search warrant.

A(n)___________ is defined as "…a transfer containing the human voice at any point between and including the point of origin and the point of reception."

Many courts require the government to return seized computers and data storage equipment at a particular time as a condition of issuing the warrant.

The term ____________ is used to describe tools for hiding,destroying,or counterfeiting the information relied on by digital forensics experts.

In Berger v.New York (1967)the issue was the constitutionality of a New York statute that authorized electronic surveillance pursuant to a judicial warrant.In the case,the Court:

The concept of ______________ concerns the use of scientific methods toward the preservation,collection,and analysis of digital sources of information.

Explain the conflicting demands for more effective law enforcement and individual privacy rights relevant to electronic surveillance.

When law enforcement officers intercept communications that relate to offenses other than those specified in the interception order,the government may use the evidence of these other crimes only if:

Neither Title III nor the Fourth Amendment requires law enforcement to:

Briefly describe what the Foreign Intelligence Surveillance Act (FISA)is.

Under the ________________________,victims of computer attacks by hackers may authorize law enforcement officials to intercept wire or electronic communications of a computer trespasser,if specific statutory requirements are satisfied.

Title III applies to private searches and seizures of wire,oral,or electronic communications.

Prior to the passing of Title III,the United States Government utilized a "national security exception" to conduct warrantless electronic surveillance of foreign powers.In 1978,the Foreign Intelligence Surveillance Act (FISA)was passed as a result of what government abuse?

The Foreign Intelligence Surveillance Act does not require a showing of probable cause to believe that a crime has been or is being committed.

Searches conducted using wiretaps,bugs,or other devices to overhear conversations or obtain other kinds of information are referred to as __________.

Title III does not cover video surveillance-the use of video cameras that record only images and not aural communications.

Which of the following is not a limitation that some courts impose on applications for search warrants for electronically stored information?

The federal government recommends that an affidavit explain the techniques that will be used to search only for the specific files related to the investigation,and not every file on the computer.

Regarding Title III,a(n)_____________________ person means a "person who was a party to any intercepted" wire or oral communication or "a person against whom the interception was directed."