Wiretaps
 

Wiretaps

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The companion PowerPoint presentation for Chapter Fourteen (Wiretaps) for the book Police Technology.

The companion PowerPoint presentation for Chapter Fourteen (Wiretaps) for the book Police Technology.

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    Wiretaps Wiretaps Presentation Transcript

    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Police TechnologyPolice Technology Chapter FourteenChapter Fourteen WiretapsWiretaps
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Learning ObjectivesLearning Objectives  Context and value of gathering covertContext and value of gathering covert informationinformation  Difference between device-identifyingDifference between device-identifying information and call-content informationinformation and call-content information  Impact of Communications Assistance for LawImpact of Communications Assistance for Law Enforcement Agencies (CALEA)Enforcement Agencies (CALEA)  Legal and practical aspects of wiretapsLegal and practical aspects of wiretaps  PEN registries, traps, traces and the InternetPEN registries, traps, traces and the Internet  The Patriot ActThe Patriot Act
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond What is Electronic Surveillance?What is Electronic Surveillance?  InterceptingIntercepting information byinformation by electronic meanselectronic means from:from:  Telephone calls.Telephone calls.  Private conversationsPrivate conversations  InternetInternet communicationscommunicationsPhotograph provided by Robert Eplett, CaliforniaPhotograph provided by Robert Eplett, California Governor’s Office of Emergency ServicesGovernor’s Office of Emergency Services
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Legal History of WiretapsLegal History of Wiretaps  1928 Olmstead v United States – not illegal1928 Olmstead v United States – not illegal unless trespass is involved.unless trespass is involved.  1934, Congressional Communications Act –1934, Congressional Communications Act – although it said that wiretaps were essentiallyalthough it said that wiretaps were essentially illegal, it was still interpreted – no trespass, notillegal, it was still interpreted – no trespass, not illegalillegal  1967 court decisions provided telephone1967 court decisions provided telephone communications with the full protection of thecommunications with the full protection of the Fourth Amendment – No warrant no tap.Fourth Amendment – No warrant no tap.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Legal History of WiretapsLegal History of Wiretaps  1968 Omnibus Crime Control and Safe1968 Omnibus Crime Control and Safe Streets Act - specified rules state andStreets Act - specified rules state and federal organizations must follow.federal organizations must follow.  Required both prosecutorial and judicialRequired both prosecutorial and judicial reviewreview  1994 Communications Assistance for Law1994 Communications Assistance for Law Enforcement Act (CALEA) - requiredEnforcement Act (CALEA) - required commercial carriers cooperation.commercial carriers cooperation.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Legal History of WiretapsLegal History of Wiretaps  1986 Electronic Communications Privacy1986 Electronic Communications Privacy Act (ECPA) – Established a lowerAct (ECPA) – Established a lower threshold of judicial review for capturingthreshold of judicial review for capturing device identifying information.device identifying information.  2001 USA PATRIOT Act – reduced2001 USA PATRIOT Act – reduced threshold for some federal wiretaps and, inthreshold for some federal wiretaps and, in some instances, for “roving” taps.some instances, for “roving” taps.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Wiretap DefinitionsWiretap Definitions  Call content is the substance of the call –Call content is the substance of the call – the conversation.the conversation.  For internet communications this would be theFor internet communications this would be the subject line and body of the message in ansubject line and body of the message in an email communication.email communication.  Device identifying information is theDevice identifying information is the commonly the telephone number of thecommonly the telephone number of the callers.callers.  For internet communications it would be the toFor internet communications it would be the to and from lines of an email message.and from lines of an email message.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Wiretap DefinitionsWiretap Definitions  Operational Security refers to theOperational Security refers to the concept that the target, orconcept that the target, or unauthorized persons, should notunauthorized persons, should not have knowledge of the wiretaphave knowledge of the wiretap during the investigation.during the investigation.  Both the agency conducting theBoth the agency conducting the wiretap and the service provider havewiretap and the service provider have responsibilities.responsibilities.  Primarily, the service provide mustPrimarily, the service provide must ensure transparency – that is aensure transparency – that is a tapped call sounds no different to thetapped call sounds no different to the target.target. Typical wiretap hardware.Typical wiretap hardware. Photograph provided by ADACS Corp.Photograph provided by ADACS Corp.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  Generally requires both prosecutorial andGenerally requires both prosecutorial and judicial review.judicial review.  Wiretaps require probable cause like anyWiretaps require probable cause like any search warrant.search warrant.  Must focus on gaining specific informationMust focus on gaining specific information about a crime – not just generalabout a crime – not just general investigative informationinvestigative information
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  To obtain court order, investigators mustTo obtain court order, investigators must show that the information cannot beshow that the information cannot be obtained in another manner.obtained in another manner.  Investigators must provide the court with:Investigators must provide the court with:  Articulate specific offense.Articulate specific offense.  Specific place to be tapped.Specific place to be tapped.  Types of conversations believed to beTypes of conversations believed to be overheard.overheard.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  Because wiretaps require judicial andBecause wiretaps require judicial and prosecutorial review (and significantprosecutorial review (and significant technology and personnel resources) it istechnology and personnel resources) it is likely the process will require significantlikely the process will require significant bureaucratic review within theirbureaucratic review within their organization.organization.  Intercepted conversations must beIntercepted conversations must be recorded and protected from editing,recorded and protected from editing, alteration or deletion.alteration or deletion.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  Investigators mustInvestigators must protect the Rights of non-protect the Rights of non- involved persons.involved persons.  Generally, a conversationGenerally, a conversation is monitored for a limitedis monitored for a limited time and if it is not criminaltime and if it is not criminal in nature the tap isin nature the tap is discontinued – a single calldiscontinued – a single call may be checkedmay be checked periodically to determine ifperiodically to determine if a relevant conversationa relevant conversation has begun.has begun.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  In most states, only investigator’s withIn most states, only investigator’s with specialized training can overhear livespecialized training can overhear live conversations. However, once aconversations. However, once a conversation has been recorded it isconversation has been recorded it is considered evidence and anyone withconsidered evidence and anyone with access to the evidence can listen to theaccess to the evidence can listen to the conversations.conversations.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond General Wiretap RulesGeneral Wiretap Rules  Every five days the investigators mustEvery five days the investigators must provide the judicial authority with aprovide the judicial authority with a thorough review of the conversations.thorough review of the conversations.  In addition to five day review, at the end ofIn addition to five day review, at the end of the tap, the investigator’s must providethe tap, the investigator’s must provide both the judicial and prosecutorialboth the judicial and prosecutorial authority with a complete review.authority with a complete review.  Thirty days after the conclusion of the tap,Thirty days after the conclusion of the tap, each personeach person whose conversations werewhose conversations were recorded must be notified in writing.recorded must be notified in writing.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Conducting a WiretapConducting a Wiretap  Generally, wiretaps are expensive andGenerally, wiretaps are expensive and technology intensive operations – thetechnology intensive operations – the service provider intercepts the call andservice provider intercepts the call and forwards it to a wire room.forwards it to a wire room.  Because of the investment required manyBecause of the investment required many jurisdictions use regional wire rooms –jurisdictions use regional wire rooms – locations specifically designed andlocations specifically designed and dedicated to wiretaps.dedicated to wiretaps.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Conducting a WiretapConducting a Wiretap  Technology has madeTechnology has made compliance muchcompliance much simpler. For instance,simpler. For instance, software can now besoftware can now be used to recordused to record conversations andconversations and provide the necessaryprovide the necessary reporting.reporting.Screen Capture provided by Pen-LinkScreen Capture provided by Pen-Link™™
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Wiretap SoftwareWiretap Software  As investigatorsAs investigators monitor telephonemonitor telephone conversations theyconversations they have the ability tohave the ability to connect to otherconnect to other databases and begindatabases and begin to integrate theto integrate the information.information.Screen Capture provided by Pen-LinkScreen Capture provided by Pen-Link™™
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Pens, Traps and TracesPens, Traps and Traces  A Pen register refersA Pen register refers to capturing call-to capturing call- identifying informationidentifying information with the content…whowith the content…who is calling who, but notis calling who, but not what they are takingwhat they are taking about. This is anabout. This is an device connected to adevice connected to a local junction box andlocal junction box and retrieved later.retrieved later.Photograph provided by Dianatek Corp.Photograph provided by Dianatek Corp.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Pens, Traps and TracesPens, Traps and Traces  In compliance with withIn compliance with with CALEA, cellular and hard-CALEA, cellular and hard- wired telephone identifyingwired telephone identifying information is now routed toinformation is now routed to law enforcement via securelaw enforcement via secure TCP/IP connection.TCP/IP connection.  With Cellular information,With Cellular information, the cell site can be knownthe cell site can be known and the target’s generaland the target’s general location determined.location determined. Indicates cell receptionIndicates cell reception Screen Capture provided by Pen-LinkScreen Capture provided by Pen-Link™™
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Pens, Traps and TracesPens, Traps and Traces  Device identifying information mayDevice identifying information may establish co-conspirators or draw a linkestablish co-conspirators or draw a link between the target and a crime.between the target and a crime.  TRAPS and TRACES are very much likeTRAPS and TRACES are very much like the caller identification informationthe caller identification information commercially available to consumers.commercially available to consumers. These devices let investigator’s who isThese devices let investigator’s who is calling – typically used in stalking orcalling – typically used in stalking or annoying telephone call investigations.annoying telephone call investigations.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Internet CommunicationsInternet Communications  Through email, chatThrough email, chat and websites, theand websites, the internet has becomeinternet has become a form of criminala form of criminal communications.communications.  Like wire taps,Like wire taps, identifying informationidentifying information and contentand content information haveinformation have different judicialdifferent judicial thresholds.thresholds.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Internet CommunicationsInternet Communications  Network diagnostic tools called packet sniffersNetwork diagnostic tools called packet sniffers are used to inspect data as it flows across theare used to inspect data as it flows across the Internet.Internet.  These software programs can “sniff” forThese software programs can “sniff” for addressees, addressors and content in emailaddressees, addressors and content in email communications.communications.  Recently, the Federal Bureau of InvestigationRecently, the Federal Bureau of Investigation has not used its own “sniffer” Carnivore, buthas not used its own “sniffer” Carnivore, but another commerical product.another commerical product.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Magic LanternMagic Lantern  There are any number ofThere are any number of software programs thatsoftware programs that can be loaded onto acan be loaded onto a computer to recordcomputer to record keystrokes. This is a waykeystrokes. This is a way to surreptitiously gainto surreptitiously gain passwords.passwords.  Most recent referred to asMost recent referred to as Keylogger software,Keylogger software, commercially availablecommercially available and used on home as welland used on home as well as commercial PCs.as commercial PCs.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond Telephone and InvestigationsTelephone and Investigations  More than justMore than just receiving and sendingreceiving and sending information, theinformation, the telephone is antelephone is an investigative tool.investigative tool.  Miranda requiresMiranda requires detention anddetention and accusatory questionsaccusatory questions  If the target is free toIf the target is free to hang-up they are nothang-up they are not detained and thereforedetained and therefore no Miranda protectionno Miranda protection Photograph provided by Robert Eplett, CaliforniaPhotograph provided by Robert Eplett, California Governor’s Office of Emergency ServicesGovernor’s Office of Emergency Services
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond USA PATRIOT ActUSA PATRIOT Act  Several sections are expiring and up for renewalSeveral sections are expiring and up for renewal in 2005.in 2005.  Judicial review threshold lowered for “roving”Judicial review threshold lowered for “roving” warrants.warrants.  A roving warrant means the target is the subject, notA roving warrant means the target is the subject, not the telephone. If the target changes telephones thethe telephone. If the target changes telephones the investigators can continue to monitorinvestigators can continue to monitor  Made telephone and Internet intercepts similar.Made telephone and Internet intercepts similar.  Changed threshold on use of FISA courts andChanged threshold on use of FISA courts and domestic surveillance.domestic surveillance.
    • Copyright 2005 - 2009: Hi Tech Criminal Justice, Raymond E. Foster Police TechnologyPolice Technology ExploreExplore leadershipleadership atat www.pokerleadership.comwww.pokerleadership.com