Deck 5: Searches for Electronically Stored Information and Electronic Surveillance

Question 1

A ____________ allows for interception of a particular suspect's communications wherever they are made,dispensing with the normal requirement that interceptions be limited to a fixed location.

A) geographical wiretap
B) roving wiretap
C) non-specific wiretap
D) roaming wiretap

Answer 1

B

Question 2

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:

A) validated the law because the government had probable cause and the intrusion was reasonably related to what the government official was looking for
B) validated the law because it properly limited the nature, scope, or duration of the electronic surveillance
C) invalidated the law because the government did not establish probable cause
D) invalidated the law because it failed to properly limit the nature, scope, or duration of the electronic surveillance

Answer 2

D

Question 3

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

A) The police are only allowed 10 days to extract the evidence.
B) The time period allowed to obtain the evidence is the same for forensic searches and more traditional searches.
C) Law enforcement is allowed a shorter time period to obtain the evidence than normally allowed under a traditional search warrant.
D) Law enforcement is allowed a longer time period to obtain the evidence than normally allowed under a traditional search warrant.

Answer 3

D

Question 4

Putting material ____________ means it is not accessible to anyone without a special court order.

A) under lock and key
B) on-hold
C) under seal
D) en todos

Question 5

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

A) Forensic computer information systems
B) Computer forensics
C) Electronic forensics
D) Computer science

Question 6

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."

A) aggravated circumstance
B) aggrieved
C) felonious
D) victimized

Question 7

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

A) immediately
B) within forty-eight hours
C) as soon as practicable
D) when prudent as deemed by the officer

Question 8

The Foreign Intelligence Surveillance Act (FISA)authorizes courts to conduct ___________ of surveillance materials.

A) closed review
B) discretionary review
C) expedited review
D) legislative review

Question 9

When one party to a communication consents to the interception of the communication:

A) Title III prevents the use of the communication in court against another party, but the Fourth Amendment allows use of the communication.
B) The Fourth Amendment prevents the use of the communication in court against another party, but Title III allows use of the communication in court against another party.
C) both the Fourth Amendment and Title III prevents use of the communication in court against another party.
D) neither Title III nor the Fourth Amendment prevents the use of the communication in court against another party.

Question 10

In Olmstead v.United States (1928),the Court held that wiretapping of telephone conversations:

A) is covered by the Fourth Amendment, but does not violate the amendment.
B) was not covered by the Fourth Amendment.
C) is covered by the Fourth Amendment, and is a violation of the amendment.
D) was only a partial violation of the Fourth Amendment.

Question 11

In the case of Olmstead v.United States the Court decided that the practice of wiretapping was not covered by the Fourth Amendment.Which of the following was among the reasons?

A) The person had no reasonable expectation of privacy in the home.
B) The evidence was obtained only by hearing (and did not involve tangible items) the interception of a conversation could not qualify as a seizure.
C) The Fourth Amendment protects people, but not places.
D) There was no legitimate remedy for the alleged violation at the time; the exclusionary rule did not exist yet.

Question 12

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

A) obtain a judicial order to intercept wire, oral, or electronic communications.
B) obtain judicial authorization to covertly enter the premises to install a listening device.
C) first receive administrative authorization to apply for an interception order.
D) conduct themselves in a way that minimizes the interception of communications not subject to the interception order.

Question 13

The statutory-based exclusionary rule in title III:

A) applies to wire, oral, and electronic communications
B) applies to electronic and wire communications, but does not apply to oral communications
C) applies to electronic and oral communications, but does not apply to wire communications
D) applies to wire and oral communications, but does not apply to electronic communications

Question 14

Within a reasonable time,but not later than ____ days after the termination of the period of an interception 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.

A) twenty
B) thirty
C) sixty
D) ninety

Question 15

A transfer containing the human voice at any point between and including the point of origin and the point of reception is called ____________.

A) aural transfer
B) electronic communication
C) intercept
D) oral communication

Question 16

Which of the following is not part of the appropriate process for gathering and analyzing Electronically Stored Information (ESI)following the issuance of a warrant?

A) Law enforcement officers need to enter the place(s) housing the devices on which data are stored.
B) Law enforcement officers search the premises and seize the devices on which data may be stored.
C) Law enforcement officers examine the seized devices for the data described in a warrant.
D) The devices seized by law enforcement are examined by forensic computer specialists for data described in a warrant.

Question 17

Which of the following is not a true statement concerning Title III?

A) It protects a party to a conversation even if the party has no reasonable expectation of privacy with respect to that conversation.
B) If one party to a conversation consents to the interception of that conversation, the conversation may be used against the other party.
C) It does not apply to the use of electronic devices such as beepers, trap-and-trace devices, and pen registers, although the installation and use of these devises is regulated by other federal laws.
D) Judicial approval is not required to covertly enter premises to install a listening device.

Question 18

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

A) limitations during the physical search and seizure phase
B) limitations on how forensic evidence can be used in court
C) time limitations on forensic examination phase
D) limitations on how forensic examination may be conducted

Question 19

___________________ is defined as searches using wiretaps,bugs,or other devices to overhear conversation or obtain other kinds of information.

A) Electronic surveillance
B) Covert surveillance
C) Covert intelligence
D) The USA Patriot Act

Question 20

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

A) anti-forensics
B) counter forensics
C) computer forensics
D) computer sciences

Question 21

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.

Question 22

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

A) reasonable suspicion
B) probable cause
C) absolute cause
D) absolute suspicion

Question 23

The composition of the Foreign Intelligence Surveillance Court (FISC)is determined by:

A) the Associate Justices of the U.S. Supreme Court.
B) the Speaker of the House.
C) the Attorney General of the U.S.
D) the Chief Justice of the U.S. Supreme Court.

Question 24

Many courts have upheld requirements that forensic analysis of the computers had to be conducted within 30,60,or 90 days of the physical search,even though traditional searches must normally be executed with 10 days of the issuance of a search warrant.

Question 25

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:

A) the evidence was observed in plain view.
B) the evidence could have been discovered through an independent source.
C) another application is made to a court "as soon as practicable" for a determination that the interception complied with Title III requirements.
D) the evidence is testimonial in nature.

Question 26

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

Question 27

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

Question 28

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?

A) Watergate scandal
B) Organized Crime
C) Iranian Hostage Crisis
D) Terrorism acts of violence

Question 29

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.

Question 30

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.

A) computer trespasser exception
B) provider exception
C) public access exception
D) exceptional privilege

Question 31

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

Question 32

A pen register ___________; whereas a trap-and-trace device ___________.

A) records incoming addressing information (such as caller ID information); records outgoing addressing information (such as numbers dialed from a phone).
B) records outgoing addressing information (such as numbers dialed from a phone); records incoming addressing information (such as caller ID information).
C) intercepts communication; does not intercept communication.
D) does not intercept communication; intercepts communication.

Question 33

Before issuing an interception order,the court must find:

A) probable cause that the person whose communication is being intercepted is, has, or is about to commit a specific crime.
B) probable cause to believe that particular communications concerning the specific offense will be obtained through the interception.
C) normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or reasonably appear to be too dangerous.
D) the court must find all of these.

Question 34

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

Question 35

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

Question 36

Title III does apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons.

Question 37

Under the _________________,an employee or agent of a communications service provider may intercept and disclose communications to protect the rights or property of the provider as part of the ordinary course of business.

A) computer trespasser exception
B) public access exception
C) provider exception
D) exceptional privilege

Question 38

Title III does not apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons.This is because:

A) Title III only covers incidental interception of communication.
B) these devices are capable of transmitting speech.
C) these devices are incapable of transmitting speech.
D) intercept communications.

Question 39

Searches and seizures concerning foreign intelligence and antiterrorism efforts are authorized and regulated by the Foreign Intelligence and Racketeering Act (FIRA).

Question 40

Title III specifically exempts which of the following from the warrant requirement?

A) Buildings
B) Cell phones
C) Tone-only pagers
D) Answering machines

Question 41

Explain the similarities and the differences that exist between an interception order under Title III and an ordinary search warrant.

Question 42

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 _________________.

Question 43

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.

Question 44

The ______________ allows a communications service provider to intercept and disclose communications to protect the rights or property of the provider as part of the ordinary course of business.

Question 45

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

Question 46

Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC).

Question 47

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

Question 48

What is meant by sealing/putting under seal and why this is done?

Question 49

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

Question 50

When one party to a communication consents to the interception of the communication,neither Title III nor the Fourth Amendment prevents the use of the communication in court against another party to the communication.This is called __________________.

Question 51

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

Question 52

Explain the two stage process used for most searches of electronically stored information.

Question 53

The case of _____________ ruled that a judicial order to place an eavesdropping device by law enforcement in a business or residence need not have a separate order specifically authorizing the covert entry to install the device.

Question 54

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."

Question 55

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

Question 56

Because of the uniqueness of certain crimes and the need for electronic surveillance to deal with same,Congress enacted the ______________________ in part to deal with modern society's conflicting demands for privacy and more effective law enforcement.

Question 57

Explain the difference between a pen register and a wiretap.

Question 58

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

Question 59

What is a trap and trace device?

Question 60

Assess the requirements that some courts impose on applications for search warrants for electronically stored information.Identify the limitations in place and explain the rationale of these limitations.