Cjus 540 Test 2

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Computer Science

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Feb 20, 2024

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Question 1 Des cribe what “outside the box” or data in transit means and how it is regulated. Data obtained from a computer, or any other digital device is an Inside-the-box issue (Clancy, 2019). The proper methods of obtaining data during transit and at its final destination are considered Outside the Box considerations. This informal framework is measured from the perspective of the individual user (Clancy, 2019). It is important to note that she has complete control over her device and may store data on it within her box. Additionally, she has the ability to click 'send' and transmit data to locations outside her box (Clancy, 2019). It is crucial to recognize that there are distinct legal regimes that apply to both situations. These legal regimes affect the individual user's ability to object to the government's acquisition of data (Clancy, 2019). In terms of the individual user, the Fourth Amendment governs the acquisition of data stored on his or her computer and other digital devices or, in other words, the "inside the box" data (Clancy, 2019). However, the ability to claim a protected interest in objects to the acquisition of data in networks, in transit, or recovered from a third party is broadly generalized. The regulation of the acquisition of data on the Internet and in networks has been primarily regulated by the Fourth Amendment (Clancy, 2019). This results in statutory analysis often superseding Fourth Amendment analysis. Several considerations influence the Fourth Amendment analysis of network and Internet investigations. Whether a person has a reasonable expectation of privacy in the data sought determines whether they have a protected interest (Clancy, 2019). Several factors affect the type of data being sought, including steps taken to protect privacy and whether the data is obtained from a third party. If data in transit outside the box data is thought to be needed for evidence purposes, a properly worded warrant will need to be issued. Reference Clancy, Tomas K. (2019). Cyber Crime and Digital Evidence (3 rd ed.). Upper Saddle River, NJ: Carolina Academic Press. ISBN: 9781531009618. Question 2 Does the scope of the search incident to arrest extend beyond the location where the accused is arrested? Why? Or why not? The search incident to arrest rule authorizes a thorough search of the suspect's person and their belongings immediately following an arrest (Clancy, 2019). If a recent arrest has occurred, the police can only search an area, like the passenger compartment of a vehicle, if the arrested person is within reach of the compartment at the time of the search or if there is a reasonable expectation that the vehicle contains evidence of the crime for which they were arrested. The Justices, however, have long disagreed on the scope of the search incident to arrest since it

typically extends beyond the person to either the area where he was arrested or his vehicle. There has been an ongoing disagreement for quite some time. Reference Clancy, Tomas K. (2019). Cyber Crime and Digital Evidence (3 rd ed.). Upper Saddle River, NJ: Carolina Academic Press. ISBN: 9781531009618. Question 3 If someone said to you, “The law on the searching digital devices at the US international border is crystal clear!” What questions might you ask them and with what case law would they be supported? The search for digital devices at the US international border is a complex and evolving area of law. While there have been some recent court rulings that have clarified the law, there is still much uncertainty about the scope of the government's authority to search for these devices. The government has a heightened interest in protecting the borders and preventing the entry of illegal goods and people (Clancy, 2019). As a result, the government is allowed to conduct warrantless searches of individuals and their belongings at the border, including digital devices. However, the scope of a border search on a digital device is limited to what is necessary to protect the border (Clancy, 2019). Individuals whose digital devices are searched at the border have certain rights, such as the right to refuse to consent to a search and the right to have their device returned to them promptly (Clancy, 2019). Questions that would need to be asked in response to someone saying “The law on the searching digital devices at the US international border is crystal clear!” are as follows: what is the "crystal clear" rule of law regarding the search of digital devices at the border; what is the standard of suspicion required for a border search of a digital device; what is the scope of a border search on a digital device; and what are the rights of individuals whose digital devices are searched at the border? As to what case law would they be supported by, there have been several recent court rulings that have addressed the search of digital devices at the US international border. There is Riley v. California (2014), United States v. Wurie , and United States v. Smith (2023) to name a few. In Riley v. California (2014), the Supreme Court held that a warrant is generally required before a search of a cell phone seized incident to arrest. In United States v. Wurie (2018), the Ninth Circuit held that CBP officers can search the contents of a digital device at the border without a warrant, but they must have reasonable suspicion to do so. In United States v. Smith (2023), a federal district court judge in New York held that a warrant is required for a cell phone search at the border, absent exigent circumstances. While there have been some recent court rulings that have clarified the law on the searching digital devices at the US international border, there is still much uncertainty about the scope of the government's authority to search these devices. The law in this area is likely to continue to evolve in the years to come.

References Clancy, Tomas K. (2019). Cyber Crime and Digital Evidence (3 rd ed.). Upper Saddle River, NJ: Carolina Academic Press. ISBN: 9781531009618. Riley v. California, 573 U.S. 373 (2014) United States v. Wurie, 881 F.3d 629 (9th Cir. 2018) United States v. Smith, No. 1:21-cv-05128-KMW (S.D.N.Y. May 11, 2023) ; 1. What is the "crystal clear" rule of law regarding the search of digital devices at the border? The person might respond by citing the "border search exception" to the Fourth Amendment. The Fourth Amendment generally prohibits unreasonable searches and seizures, but the Supreme Court has held that the government has a heightened interest in protecting the borders and preventing the entry of illegal goods and persons. As a result, the government is allowed to conduct warrantless searches of individuals and their belongings at the border, including digital devices. 2. What is the standard of suspicion required for a border search of a digital device? The person might respond that no suspicion is required for a basic border search of a digital device. This means that CBP officers can search for a device without any reason to believe that it contains contraband or evidence of a crime. However, if CBP officers want to conduct a more intrusive search of a device, such as searching its contents, they may need to have reasonable suspicion. 3. What is the scope of a border search o n a digital device? The person might respond that the scope of a border search on a digital device is limited to what is necessary to protect the border. This means that CBP officers can only search for contraband or evidence of a crime. They cannot search for unrelated information, such as personal emails or photos. 4. What are the rights of individuals whose digital devices are searched at the border? The person might respond that individuals whose digital devices are searched at the border have certain rights. For example, they have the right to refuse to consent to a search. They also have the right to have their device returned to them promptly.

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Question 4 If someone were to ask you about the difference between a Pen Register and a Trap and Trace device and their respective uses, what would you tell them? A Pen Register is a device or procedure that records or decodes signaling, routing, addressing, or dialing information sent by a facility or instrument from which a wire or electronic communication is transmitted (Clancy, 2019). It should be noted that this information does not include communication content. A Pen Register’s main function is to” record outgoing addressing information” (Clancy, 2019, p.366). For example, a number that was dialed from a telephone. Trap and trace devices are described as systems or procedures that record incoming electronic impulses that identify the source number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication; however, the contents of any communication will not be included in this information (Clancy, 2019). A Trap and Trace Device’s main function is to “record incoming addressing information” (Clancy, 2019, p. 366). A fitting example of this is caller ID information. Reference Clancy, Tomas K. (2019). Cyber Crime and Digital Evidence (3 rd ed.). Upper Saddle River, NJ: Carolina Academic Press. ISBN: 9781531009618.

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