Presentation is loading. Please wait.

Presentation is loading. Please wait.

Key New Surveillance Provisions Professor Peter P. Swire Ohio State University Privacy 2001 Conference October 4, 2001.

Similar presentations


Presentation on theme: "Key New Surveillance Provisions Professor Peter P. Swire Ohio State University Privacy 2001 Conference October 4, 2001."— Presentation transcript:

1 Key New Surveillance Provisions Professor Peter P. Swire Ohio State University Privacy 2001 Conference October 4, 2001

2 Distinctions in Current Law n Content v. pen/trap – content and strict Title III – pen register (who you called) – trap and trace (who called you) – pen/trap if relevant to an investigation n Title III and FISA – Foreign intelligence orders from special court – FISA orders not revealed after the fact

3 Proposed Changes to Pen/trap n Update telephone language – device to device or process n Telephone number to broader Internet uses – Dialing, routing, addressing, or signaling n Nationwide trap and trace – Multiple orders now required for

4 Computer trespasser exception n Current law: – ISP can monitor its own system – ISP can give evidence of yesterdays attack – ISP cannot invite law enforcement in to catch the burglars n Problem for: – DOD and many hack attacks – small system owners who need help

5 Computer trespasser proposal n Law enforcement can surf behind if: – Targets person who accesses a computer without authorization – System owner consents – Lawful investigation – Law enforcement reasonably believes that the information will be relevant – Interception does not acquire communications other than those transmitted to or from the trespasser

6 FISA proposals n Roving wiretaps – Suspects use multiple phones and computers n Sharing with law enforcement – Currently, FISA only if foreign intelligence gathering is the principal purpose – Proposed, if it is a purpose (Bush) or a significant purpose (House)


Download ppt "Key New Surveillance Provisions Professor Peter P. Swire Ohio State University Privacy 2001 Conference October 4, 2001."

Similar presentations


Ads by Google