Check out the Electronic Communications Privacy Act (ECPA), Pen Registers and Trap and Trace Devices, and the Fraud and False Statements statutes. As far as the ECPA, your provider cannot provide communications records or confirm activities of a subscriber or upstream provider per ECPA, 2702(a)(3) "a provider.shall not knowingly divulge a record or other information pertaining to a subscriber.to any governmental entity". There are some provider exceptions that allow voluntary disclose of communication records, communications content and customer records. Examples would be if the case involved an emergency with the possibility of immediate danger, death, or physical injury to anyone, if the customer's activity was affecting the rendering of its ISP's service, or if you had consented as in a written agreement [ecpa, 2702(c)]. Should your ISP be presented with a warrant, court order, administrative subpoena, or trial subpoena it would be required to divulge the communications records, content, and customer records [ecpa, 2703(c)]. My guess is to do any pen registers or trap and trace devices government entities need a warrant or court order, but they may not have to tell you about it and if they go to your provider the ISP by law cannot notify you :) The patriot act and homeland security act make some modifications to the statutes. http://www.cybercrime.gov/cclaws.html has some good information pertaining to the law, specifically check these out: http://www.cybercrime.gov/ECPA2701_2712.htm http://www.cybercrime.gov/pentrap3121_3127.htm http://www.cybercrime.gov/1030NEW.htm -Marcus ---------------------------------------------- Marcus Beaman State of Oregon, DAS/IRMD/ENS Data Network Operations Analyst Hotline 503-378-3627 ---------------------------------------------- > > A friend posed this question, and I have no idea what the > answer might be: > > If I'm running an open, non-encrypted wireless network, what > is (say) the FBI allowed to intercept in an effort to gain > evidence? Do they need a warrant? Is the data admissible? > What if I live in an apartment with other folks. What about > when I'm using a t-mobile hotspot? > > Same questions, but this time, I'm running an encrypted > network? Can they capture the data and crack the key? Can > they capture it for later use after they sieze my equipment > and get my key? > > No, I'm not under surveillance I'm giving a presentation > and I know I'm > going to get asked these questions. >
This archive was generated by hypermail 2b30 : Wed Oct 15 2003 - 12:59:31 PDT