1 / 6

Virtual Searches

Virtual Searches. Christopher Slobogin Stephen C. O’Connell Professor of Law University of Florida Fredric G. Levin College of Law. Types of Virtual Searches. Communications Surveillance Real-time interception of communications E.g., wiretapping, bugging, interception of email

keenan
Download Presentation

Virtual Searches

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Virtual Searches Christopher Slobogin Stephen C. O’Connell Professor of Law University of Florida Fredric G. Levin College of Law

  2. Types of Virtual Searches • Communications Surveillance • Real-time interception of communications • E.g., wiretapping, bugging, interception of email • Physical Surveillance • Real-time observation of physical activities • E.g., cameras, thermal imagers • Transaction Surveillance • Accessing records • Real-time interception of information about transactions (phone #s) • E.g., use of commercial data brokers (CDBs), pen registers

  3. Types of Physical Surveillance • Video surveillance • Of the home • In public (e.g., London, D.C.) • Tracking (e.g., beepers, cell phones, GPS) • Magnification devices (binoculars, satellites) • Illumination devices (flashlights, Startron) • Detection devices (xrays, thermal imagers) • Contraband-specific (e.g., dogs) • Weapons-specific (Millitech?)

  4. Hot Issues • Surveillance of the Home (Kyllo) • General public use exception • Naked eye exception • Public Surveillance (Knotts) • Right to Anonymity? • ABA Standard: “reasonable likelihood that a legitimate law enforcement objective will be achieved” • Retention and Use of Results • Use of Contraband- & Weapon-Specific Devices

  5. Types of Transaction Surveillance • Accessing already-existing records (e.g., medical, financial, educational) • Subpoenas; National Security letters (relevance) • Use of CDBs like Choicepoint (money) • Real-time interception of “catalogic” data (e.g., phone #s, email addresses) • Pen registers, trap & trace devices (certification order) • Snoopware (Carnivore/DCS-1000, BackOrifice) • Target-based surveillance v. event-based surveillance (i.e., “datamining”)

  6. Hot Issues • Does Constitution apply? • Hale v. Henkel • United States v. Miller • Should regulation (constitutional or otherwise) depend on the type of record? • Medical, financial, tax records; stored email (probable cause v. federal statutes requiring mere relevance) • Public records (reasonable suspicion v. Privacy Act) • Catalogic data--logs of phone & ISP companies; credit card purchases, passenger lists, etc. (relevance v. 0) • Aggregation concerns

More Related