Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (July 2. July 2. 00. 2PREFACEINTRODUCTIONI. SEARCHING. AND SEIZING COMPUTERS WITHOUT A WARRANTII.
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THE. ELECTRONIC COMMUNICATIONS PRIVACY ACTIV. Addressing Information. C. The. Pen/Trap Statute, 1. U. S. C. The. Wiretap Statute (. These changes are discussed primarily in. Chapters 3 and 4.
Many of the provisions of the PATRIOT Act relevant here would, unless. December 3. 1, 2. Accordingly, prosecutors and. Computer Crime and Intellectual Property Section. CCIPS), at 2. 02- 5. This information will help ensure that Congress is fully. Nathan Judish of CCIPS took primary responsibility for the revisions in.
Manual, under the supervison of Martha Stansell- Gamm, Chief of the Computer. Crime and Intellectual Property Section. Assistance in editing was provided by. CCIPS attorneys (in alphabetical order): Richard Downing, Mark Eckenwiler, David. Green, Patricia Mc. Garry, Paul Ohm, Richard Salgado, Michael Sussmann, and summer. Matthew Heintz, Andrew Ting, Arun Subramanian, and Amalie.
Weber. Also providing helpful suggestions were Thos. Gregory Motta and Lynn. Pierce of the Office of General Counsel of the Federal Bureau of Investigation. This edition owes a tremendous debt to Orin S. Kerr, principal author of the. Department of Justice in 2. George Washington University Law School.
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The 2. 00. 1 edition superseded the. Federal Guidelines for Searching and Seizing Computers, and reflected an.
Mr. Kerr and a number of. CCIPS, AUSAs, and specialists at the Federal Bureau of. Investigation and other federal agencies.
The organization and analysis of the. As is true with most efforts of this kind, the Manual is intended to offer. Its analysis and conclusions reflect current thinking. Department of Justice or any other agency. It has no regulatory effect, and. Electronic copies of this document are available from the Computer Crime and.
Intellectual Property Section's web site, http: //www. The. electronic version will be periodically updated, and prosecutors and agents are. Inquiries. comments, and corrections should be directed to Nathan Judish at (2.
Such requests. should be sent to the following address: Attn: Search and Seizure Manual. Computer. Crime and Intellectual Property Section. Constitution Ave.. NWJohn C. Keeney Bldg., Suite 6. Washington, DC 2. Millions of Americans spend several hours every day in front of. Web, maintain databases.
Unfortunately, those who commit crime have not missed the computer. An increasing number of criminals use pagers, cellular phones. For example, the. Internet can be used to deliver a death threat via e- mail; to launch hacker.
In other cases, computers merely. For example, a drug. The dramatic increase in computer- related crime requires prosecutors and law. Electronic records such as computer network logs, e- mails, word. The purpose. of this publication is to provide Federal law enforcement agents and prosecutors.
The law governing electronic evidence in criminal investigations has two. Fourth Amendment to the U. S. Constitution, and the. U. S. C. Although constitutional and. Fourth Amendment or a statutory issue under these. This manual reflects that division: Chapters 1 and 2 address the.
Fourth Amendment law of search and seizure, and Chapters 3 and 4 focus on the. Internet. Chapter 1 explains the restrictions that the Fourth Amendment places on the. The chapter. begins by explaining how the courts apply the . Questions addressed in this chapter. When does the government need a search warrant to search and seize a. Can an investigator search without a warrant through a.
Does the government need a warrant to. Chapter 2 discusses the law that governs the search and seizure of computers. The chapter begins by reviewing the steps that. In particular, the chapter. Finally, the chapter ends with a discussion of.
Questions addressed in the chapter include: When should. How should. investigators plan their searches to avoid civil liability under the Privacy. Protection Act, 4. U. S. C. How should prosecutors draft search. Fourth Amendment and Rule 4. Federal Rules of Criminal Procedure?
What is. the law governing when the government must search and return seized. The focus of Chapter 3 is the stored communications portion of the Electronic. Communications Privacy Act, 1. U. S. C. ECPA governs how. Internet service providers (ISPs), telephone. ECPA issues. arise often in cases involving the Internet: any time investigators seek stored.
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