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Privacy - An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (October 2012) (Paperback)
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Privacy - An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (October 2012) (Paperback)
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This report provides an overview of the Electronic Communications
Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act
(FISA). ECPA consists of three parts. The first, often referred to
as Title III, outlaws wiretapping and electronic eavesdropping,
except as otherwise provided. The second, the Stored Communications
Act, governs the privacy of, and government access to, the content
of electronic communications and to related records. The third
outlaws the use and installation of pen registers and of trap and
trace devices, unless judicially approved for law enforcement or
intelligence gathering purposes. FISA consists of seven parts. The
first, reminiscent of Title III, authorizes electronic surveillance
in foreign intelligence investigations. The second authorizes
physical searches in foreign intelligence cases. The third permits
the use and installation of pen registers and trap and trace
devices in the context of a foreign intelligence investigation. The
fourth affords intelligence officials access to business records
and other tangible items. The fifth directs the Attorney General to
report to Congress on the specifics of the exercise of FISA
authority. The sixth, scheduled to expire on December 30, 2012,
permits the acquisition of the communications of targeted overseas
individuals and entities. The seventh creates a safe harbor from
civil liability for those who assist or have assisted in the
collection of information relating to the activities of foreign
powers and their agents.
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