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Hackers Underworld 2: Forbidden Knowledge
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CUD324G.TXT
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1994-11-01
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Date: July 2, 1991
From: Barbara E. McMullen and John F. McMullen (Newsbytes Reprint)
Subject: Law Panel Recommends Computer Search Procedures
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*** CuD #3.24: File 7 of 8: Law Panel and Search Procedures ***
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LAW PANEL RECOMMENDS COMPUTER SEARCH PROCEDURES
WASHINGTON, D.C., U.S.A., 1991 JULY 2 (NB) -- A panel of lawyers and
civil libertarians, meeting at the Computer Professionals for Social
Responsibility (CPSR) Washington roundtable, "Civilizing Cyberspace",
have proposed procedures for police searches and seizures which they
feel will both allow adequate investigations and protect the
constitutional rights of the subject of the investigation.
The panel, composed of Mike Godwin, staff counsel of Electronic
Frontier Foundation; Sharon Beckman attorney with Silverglate &
Good; David Sobel of CPSR, Jane Macht, attorney with Catterton, Kemp
and Mason; and Anne Branscomb of Harvard University, based its
proposals on the assumption that a person, in his use of computer
equipment, has protection under both the Fourth Amendment and the
free speech and association provisions of the first amendment.
The panel first addressed the requirements for a specific warrant
authorizing the search and recommended that the following guidelines
be observed:
1. The warrant must contain facts establishing probable cause to
believe that evidence of a particular crime or crimes will be found
in the computers or disks sought to be searched.
2. The warrant must describe with particularity both the data to be
seized and the place where it is to be found ("with particularity" is
underlined).
3. The search warrant must be executed so as to minimize the
intrusion of privacy, speech and association.
4. Officers may search for and seize only the data, software, and
equipment specified in the warrant.
5. The search should be conducted on-site.
6. Officers must employ available technology to minimize the
intrusive of data searches.
The panel then recommended limitations on the ability of officials to
actually seize equipment by recommending that "Officers may not seize
hardware unless there is probable cause to believe that the computer
is used primarily as an instrumentality of a crime or is the fruit of
a crime; or the hardware is unique and required to read the data; or
examination of hardware is otherwise required." The panel further
recommended that, in the event hardware or an original and only copy
of data has been seized, an adversary post-seizure hearing be held
before a judge within 72 hours of the seizure.
Panel member Sharon Beckman commented to Newsbytes on the
recommendations, saying "It is important that we move now to the
implementation of these guidelines. They may be implemented either by
the agencies themselves through self-regulation or through case law
or legislation. It would be a good thing for the agencies t o take
the initiative."
The panels recommendations come at a time in which procedures used in
computer investigations have come under criticism from computer and
civil liberties groups. The seizure of equipment by the United Secret
Service from Steve Jackson Games has become the subject of litigation
while the holding of equipment belonging to New York hacker "Phiber
Optic" for more than a year before his indictment has prompted calls
from law enforcement personnel as well as civil liberties for better
procedures and technologies.
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