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ECPA: Law Enforcement: Emergency |
ECPA: Law Enforcement: Interception of Content: Emergency
A service provider may divulge the content of communications without a court order or other appropriate legal authorization in certain specific moments of emergency. Pursuant to 18 U.S.C. § 2511(2)(a)(ii)(B), this can happen in an emergency situation that involves:
18 U.S.C. § 2518(7). [DOJ US Attorney's Manual Title 9-7.112 Electronic Surveillance] [Crouch] [Nabozny] It must be a situation where, but for the emergency, a law enforcement official would be able to obtain a warrant. The law enforcement officer must apply for the court order within 48 hours. Failure to apply for or obtain court authority means the wiretap is illegal. The law enforcement office must provide to the person name in the court application the contents of the communications intercepted (in other words, give that person notice that the walls have ears and this is what they heard). 18 U.S.C. § 2518(7)(b). [DOJ US Attorney's Manual Title 9-7.112 Electronic Surveillance] Service provider should expect to receive a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required; and setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. Gag Rule: The service provider cannot tell anyone what is going on (unless permitted to do so by law). Service providers are immune from liability for providing information pursuant to this authority. 18 U.S.C. § 2511(2)(a)(ii). << Interception << Previous | Next >> Stored Content >> |
