PSCI 3325 Chapter Notes - Chapter 1: Pen Register, Computer And Network Surveillance, Information System
18 Oct 2016
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Document Summary
Broadens powers of network operators to conduct surveillance for cybersecurity purposes: existing provider and computer trespasser exceptions, wiretap act, pen register statute, stored communications act prohibit internet surveillance subject to certain exceptions. These laws now have provider exception, allowing telecommunications providers to conduct surveillance on their networks, disclose user communications when it is a necessary incident to the protection of rights or property of the provider of that service. It has few judicial precedents on how these concepts apply to internet monitoring. The provider exception was made statutory in 1968 and extended to the internet in 1986: but congress chose not to have a statutory suppression remedy for violations in the internet context. Congress enacted the computer trespasser exception in 2001, which allows network operators to consent to government monitoring of hackers inside their systems. When the government is acting as part of an ongoing investigation: cybersecurity act of 2015.
