Computer Crime Prosecution|Essay pro
Posted: February 9th, 2023
In an investigation being conducted by the state crime lab, senior investigators have called your company, AB Investigative Services, to provide advice concerning the interception of wire, electronic, and oral communications. The current individual suspected to be the source of the crime used a library computer to send and receive e-mails. The librarian walked up on the e-mail account while the suspect was away and found incriminating information in an open e-mail, which was reported to law enforcement.
- Post your advice to the senior investigators addressing the following:
- Define how the forensic investigator could interpret one aspect of one of the following statutes in relation to the given scenario using:
- 18 U.S.C. §§ 2510-22 Wire and Electronic Communications Interception and Interception of Oral Communications and,
- 18 U.S.C. §§ 3121-27 Pen Registers and Trap and Trace Devices
- In your opinion, how can the interpretation be misconstrued or incorrectly interpreted by a forensic investigator?
- Define how the forensic investigator could interpret one aspect of one of the following statutes in relation to the given scenario using:
- Respond to other students’ posts, by addressing the following:
- Defend how the First and Fourth Amendments apply or do not apply to the email in this case.
- What other aspects could be misinterpreted based on current technologies?
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SOLUTION
The interception of wire, electronic, and oral communications is regulated by the Electronic Communications Privacy Act (ECPA) in the United States. Under ECPA, the unauthorized interception of wire, electronic, or oral communications is illegal, except under certain circumstances.
In the case you mentioned, the librarian’s access to the suspect’s open email account on the library computer may raise questions about the legality of the interception. If the email was not secured by password protection or encryption, it might be considered to be in “plain view” and not subject to ECPA restrictions on interception.
However, the specific facts of the case will determine whether the interception was legal or not. It is possible that the suspect had a reasonable expectation of privacy in their email, even though they were using a library computer. In that case, the interception of the email could be illegal under ECPA.
It is important to note that the specific laws and regulations surrounding the interception of electronic communications can vary depending on jurisdiction. It is advisable to consult a qualified attorney who can provide specific legal advice based on the facts of the case.
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