Means there should be 4th amendment protection for content information, but not non-content because it would be public. Statutory Privacy Protections First question: is the Surveillance Prospective or Retrospective? Prospective- real time during transit/ in the course of transmission Wiretapping goes here Retrospective- access to stored communications kept in ordinary course of business by a 3rd party provider Second question: Content or Non-Content Information? Content- substance of the message Non-Content- information used to deliver communication and network generated information Prospective Retrospective Contents Wiretap Act Stored Comm. Act (18 U.S.C. § 2510-22) (18 U.S.C. § 2701-11) Non-Content Pen Register Statute Stored Comm. Act (18 U.S.C. § 3121-27)
Means there should be 4th amendment protection for content information, but not non-content because it would be public. Statutory Privacy Protections First question: is the Surveillance Prospective or Retrospective? Prospective- real time during transit/ in the course of transmission Wiretapping goes here Retrospective- access to stored communications kept in ordinary course of business by a 3rd party provider Second question: Content or Non-Content Information? Content- substance of the message Non-Content- information used to deliver communication and network generated information Prospective Retrospective Contents Wiretap Act (18 U.S.C. § 2510-22) Stored Comm. Act (18 U.S.C. § 2701-11) Non-Content Pen Register Statute (18 U.S.C. § 3121-27) Stored Comm. Act
Computer%20Crime%20-%20Kerr%20-%202.docx