What is the federal criminal justice system's approach to electronic surveillance?

The federal criminal justice system takes a serious stance when it comes to electronic surveillance. This is due to the greater potential for obtaining sensitive information, including personal information, as well as the potential for unauthorized intrusion into activities that are considered private or confidential. The Electronic Communications Privacy Act (ECPA) is the primary federal law governing the interception and use of electronic communications. This law prohibits unauthorized interception of or access to electronic communications, including spoken, written, or electronic, to protect the privacy of those communicators. Under this law, the government may conduct electronic surveillance if it has probable cause to believe that the target of the surveillance is engaged in criminal activity. It also requires that the government obtain approval from a judge through a warrant or court order before initiating electronic surveillance. The use of electronic security devices and the interception or monitoring of any electronic communications must also meet certain requirements set by the ECPA. This includes, for example, that the information collected must be pertinent to the investigation and that it must be obtained in a manner that protects the privacy of the persons involved. The federal criminal justice system also requires that agencies using electronic surveillance follow specific procedures to maintain the legality and accuracy of their activities. These procedures include the establishment of written policies and procedures to ensure that the surveillance is conducted within the scope of the law.

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