Electronic Communications Privacy Act

The memorandum requires compliance with the Computer Fraud and Abuse Act and other federal law, and there is an exception in the Computer Fraud and Abuse Act for lawfully authorized government investigative work.

But how that maps onto contractor conduct is not completely settled, and federal authorization does not necessarily eliminate private Computer Fraud and Abuse Act claims, state computer crime statutes, the Wiretap Act, or other laws that may apply.

Then take the operation overseas, for example, which is where many of these targets are located, and it gets even harder.

US authorization may mean very little to foreign prosecutors or regulators.

Dear Special Agent Kensig, pursuant to the search warrant issued in the above referenced matter, we have conducted a diligent search for documents and information accessible on Google's systems that are responsive to your request.

Our response is made in accordance with state and federal law, including the Electronic Communications Privacy Act, see 18 US Code Section 2701.

Accompanying this letter is responsive information to the extent reasonably accessible from our system associated with the Google account calebcflynn@gmail.com as specified in the search warrant.

We have also included a signed certificate of authenticity, which includes a list of hash values that correspond to each file associated with the production.

To the extent that you have requested data related to the Google Chat service and the target account participated in a chat room owned and controlled by a Google Workspace customer, included in the production is information sufficient to identify, A, the Workspace customer domain that owns and controls the chat room and records associated with the same, B, the Workspace-owned chat room in which the target account participated, and C, the date the target account joined the Workspace-owned chat room.

For a Google custodian of records, we will require a subpoena and confirmation from you of the time and date of the appearance, the scope of the, the scope of testimony, and any Google reference number or numbers associated with the case, and the travel for the appearance at least one week in advance in order to identify, make the appropriate plans for, and prepare a custodian for trial.

Finally, in accordance with Section twenty s- [clears throat] twenty-seven oh six of the Electronic Communications Privacy Act, Google may request reimbursement for reasonable costs incurred in processing your request.

Regards, Misty Alpen, Google Legal Investigations Support.

Pursuant to the search warrant issued in the above referenced matter, we have conducted a diligent search for documents and information accessible on Google's systems that are responsive to your request.

Our response is made in accordance with state and federal law, including the Electronic Communications Privacy Act, C-18 U.S. Code Section 2701.

Accompanying this letter is a response of information to the extent reasonably accessible from our system associated with the Google account.

Caleb C. Flynn at gmail.com as specified in the search warrant.

B, the Workspace owned chat room in which the target account participated and see the date the target account joined the workspace own chat room.

For a Google custodian of records, we will require a subpoena and confirmation from you of the time and date of the appearance, the scope of testimony, and any Google reference number or numbers associated with the case, and the travel for the appearance at least one week in advance in order to identify, make the appropriate plans for, and prepare a custodian for trial.

Finally, in accordance with Section 2706 of the Electronic Communications Privacy Act, Google may request reimbursement for reasonable costs incurred in processing the request.

Regards, Misty Alfin, Google Legal Investigations Support.

We still got Lou on the line out of Florida, but we were talking to Patriot Act and the things that came before it.

And I found some pre-existing statutes or precursors that came to the Patriot Act amended more than 15 older laws updating surveillance capabilities for the digital age by expanding provisions within the Electronic Communications Privacy Act of 1986 and the Bank Secrecy Act.

Also, it comes on the heels of the Foreign Intelligence Service Act of 1978.

I don't

restrict civil liberties.

The government is always coming for your civil liberties.

And the one that the reason why this jumped out at me is the Electronic Communications Privacy Act of 1986 is that is the clear signal.

If you haven't paid attention that they knew technology wise what was on the horizon.

I think it passed with only one vote against in the Senate.

The Patriot Act included amendments to the Wiretap Act, which previously had said that government needed a fairly well-defined and pretty narrow reasoning in order to obtain a court order to eavesdrop on people.

And the Patriot Act just tore those barriers apart, just loosened them up.

And for other kinds of surveillance, they drop the need for probable cause, stuff like that.