Computer Crime Prosecution

In an investigation being conducted by the state crime lab, senior investigators have called your company, AB Investigative Services, to provide advice concerning the interception of wire, electronic, and oral communications. The current individual suspected to be the source of the crime used a library computer to send and receive e-mails. The librarian walked up on the e-mail account while the suspect was away and found incriminating information in an open e-mail, which was reported to law enforcement.

  • Post your advice to the senior investigators addressing the following:
    • Define how the forensic investigator could interpret one aspect of one of the following statutes in relation to the given scenario using:
      • 18 U.S.C. §§ 2510-22 Wire and Electronic Communications Interception and Interception of Oral Communications and,
      • 18 U.S.C. §§ 3121-27 Pen Registers and Trap and Trace Devices
    • In your opinion, how can the interpretation be misconstrued or incorrectly interpreted by a forensic investigator?
  • Respond to other students’ posts, by addressing the following:
    • Defend how the First and Fourth Amendments apply or do not apply to the email in this case.
    • What other aspects could be misinterpreted based on current technologies?

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