U.S. law provides a number of mechanisms for government agencies, including the Federal Bureau of Investigation, to monitor, capture, and review a company’s outgoing and incoming Internet activity and communications. Depending on the particular circumstances and nature of the investigation, the government may be able to obtain this information through a grand jury subpoena,1 a wiretap order,2 an order pursuant to Section 215 of the U.S. Patriot Act,3 a National Security letter,4 or an order from a Foreign Intelligence Surveillance Court as permitted under the Foreign Intelligence Surveillance Act.5
Increasingly, however, the FBI and other government agencies have been bypassing these legal structures and requirements and simply approaching corporations directly with a request to install a device onto corporate Internet servers permitting the agency to monitor, on a “real-time” basis, information transmitted via the Internet to and from a company’s computer systems. Anecdotal evidence has suggested that the FBI has used this strategy on many occasions with varying degrees of success.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
