Electronically Stored Information Chapter 5 Summary

Chapter 5 is called "Searches for Electronically Stored Information and Electronic Surveillance." It examines how technology has changed the way information is exchanged and stored. Electronically Stored Information (ESI) searches follow the Fourth Amendment, like traditional searches do, and require a warrant. This type of information includes data such as computer files, computer programs, memory cards and sticks, CDs and DVDs, servers, floppy disks, tablets, thumb and jump drives, tape media, cell phones, PDAs, external hard drives, cameras, iPods, voice-mail systems, fax machines, and copy machines. Computer forensics is constantly evolving as technology evolves. Electronic surveillance includes searches that are carried out using bugs, wiretaps, or other electronic devices that allow law enforcement to listen in on conversations or collect data. Title III from the Omnibus Crime Control and Safe Streets
One such exception is a party to an oral communication. This exception follows the idea that an individual cannot expect what they tell another person will stay in confidence—unless there is some exception such as attorney-client privilege. Another exception is eavesdropping, like in situations where people should not expect that their conversations won't be overheard. A third exception is when a person agrees to the interception of communication. Law enforcement can use this communication in court against another person who was involved in the contact. An employee or agent of a communications provider can also intercept and disclose information to authorities. Victims of computer hacking can also allow communication to be intercepted. A system that is accessible to the public can have its information intercepted. Trap-and-trace devices, pen registers, and tracking devices are all not applicable under Title