A. INTRODUCTION
Table of Contents - Main Federal Guidelines
B. THE PRIVACY PROTECTION ACT, 42 U.S.C. § 2000aa
the purpose of this statute is to limit searches for materials held by persons involved in First Amendment activities who are themselves not suspected of participation in the criminal activity for which the materials are sought, and not to limit the ability of law enforcement officers to search for and seize materials held by those suspected of committing the crime under investigation. [7] Id. at 11.
Table of Contents - Main Federal Guidelines
Supplement - The Privacy Protection
Act
[t]hese kinds of evidence are so intimately related to the commission of a crime, and so often essential to securing a conviction, that they should be available for law enforcement purposes, and, therefore, must fall outside the no search rule that is applied to work product.
Table of Contents - Main Federal Guidelines
Table of Contents - Main Federal Guidelines
While we considered the option of a press-only bill, this format was rejected partially because of the extreme difficulties of arriving at a workable definition of the press, but more importantly because the First Amendment pursuits of others who are not members of the press establishment are equally as important and equally as susceptible to the chilling effect of governmental searches as are those of members of the news media.
Table of Contents - Main Federal Guidelines
a. The Reasonable Belief Standard
Computer hardware. . .and computer software. . . and written material and documents relating to the use of the computer system, documentation relating to the attacking of computers and advertising the results of computer attacks. . ., and financial documents and licensing information relative to the computer programs and equipment at [the company's offices] which constitute evidence, instrumentalities and fruits of federal crimes, including interstate transportation of stolen property (18 U.S.C. 2314) and interstate transportation of computer access information (18 U.S.C. 1030(a)(6)). This warrant is for the seizure of the above described computer and computer data and for the authorization to read information stored and contained in the above described computer and computer data.
Table of Contents - Main Federal Guidelines
b. Similar Form of Public Communication
Though the results in the SJG case were very good on balance, a couple of major BBS issues were left for better resolution on another day. . . . [One issue] is the finding that SJG was a 'publisher' for purposes of the PPA. This holding. . .leaves the applicability of the PPA largely undetermined for other BBS'. Steve Jackson Games was a print publisher, and its computers were used to support the print publishing operation. What about BBS' that publish their information in electronic form only? What about BBS' that do not publish anything themselves in the traditional sense, but host public conferences? The SJG case simply does not give guidance on when a non-printing BBS qualifies as a publisher or journalistic operation for purposes of PPA protection. Rose, Steve Jackson Games Decision Stops the Insanity, Boardwatch, May 1993, at 53, 57.
Table of Contents - Main Federal Guidelines
c. Unique Problems: Unknown Targets and Commingled Materials
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6. Liability Under the Privacy Protection Act (NEW SECTION)
Table of Contents - Main Federal Guidelines
Supplement - Liability Under the Privacy Protection Act
Supplement II - Liability Under the Privacy Protection Act
C. STORED ELECTRONIC COMMUNICATIONS
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Supplement - Stored Electronic
Communications
Supplement II - Stored Electronic Communications
D. STORED WIRE COMMUNICATIONS (NEW SECTION) Table of Contents - Main Federal Guidelines
[7] The Department had previously promulgated
regulations on issuing subpoenas directly to members of the news
media or indirectly for their telephone toll records. The regulations
also addressed interrogating, indicting, or arresting members
of the press. See 28 C.F.R. § 50.10.
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[8] When a sysop backs up the mail server to
protect against system failure, all e-mails stored on the server
will be copied. Thus, if the e-mail is later deleted from the
server, the backup copy remains. The statute protects this copy
as well. 18 U.S.C. § 2510(17)(B).
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[9] Pursuant to 18 U.S.C. § 2707(d), a good
faith reliance on a court warrant is a complete defense to any
civil action. The court summarily rejected the defense, stating
that it "declines to find this defense by a preponderance
of the evidence in this case." Id. at 443.
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Supplement II - Stored Wire Communications
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