Exam 5: Searches for Electronically Stored Information and Electronic Surveillance

What is the difference between a pen register and a trap-and-trace device?

Congress created a special Article III court to review FISA applications called the __________.

Which statement concerning time limitations on the forensic examination phase of electronically stored information is correct?

If a conversation takes place in public where other parties can overhear the conversation, there is no reasonable expectation of privacy. However, any recording of such a conversation would violate Title III of the Wiretap Act.

Within a reasonable time, but not later than _____ days after the termination of the period of an order, an inventory must be served on the persons named in the order and on such other parties to intercepted communications as the judge determines in the interest of justice.

Briefly describe how the Title III of the Omnibus Crime Control and Safe Streets Acts of 1968 originated.

The Department of Justice cautions that limitations on search methodologies have the potential to seriously impair the government's ability to uncover electronic evidence.

Under the exigent circumstances exception, a law enforcement officer must apply for an interception order _____ after the interception has occurred or begins to occur.

The statutory-based exclusionary rule in Title III of the Omnibus Crime Control and Safe Streets Act of 1968 applies to _____.

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is often referred to as the _____.

_____ concerns the use of scientific methods toward the preservation, collection, and interpretation of digital evidence from digital sources.

Title III of the Wiretap Act 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 __________.

What term describes tools for hiding, destroying, or counterfeiting the information relied on by digital forensics experts?

What impact has "cloud" technology had upon law enforcement in terms of electronic surveillance? Explain your reasoning.

The __________ provides that any person may intercept an electronic communication made through a system that is configured so that the communication is readily accessible to the general public.

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 specifically exempts _____ from the warrant requirement.

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 refers to a "person who was a party to any intercepted" wire or oral communication or "a person against whom the interception was directed" as _____.

Materials that are made inaccessible to anyone without a special court order are said to be _____.

Although e-mail has replaced telephone communication in many spheres, it is not considered a 'wire communication' for purposes of Title III of the Wiretap Act.

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 does not apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons. Why?