Legal and Ethical Considerations Flashcards

Under the Electronic Communications Privacy Act (ECPA), intercepting a wire communication without authorization is a federal felony punishable by up to how many years in prison?

Answer: 5 years

Title I of the ECPA (the Wiretap Act) provides for penalties of up to 5 years imprisonment for unauthorized interception of wire, oral, or electronic communications.

A surveillance technician is asked to install a hidden audio recorder in an employee break room. Which legal concern is MOST relevant?

Answer: State wiretapping or eavesdropping statutes requiring consent

Hidden audio recording in a break room implicates state wiretapping/eavesdropping laws, many of which require all-party consent for recording private conversations.

Which legal doctrine establishes that evidence obtained through illegal surveillance is inadmissible in court?

Answer: Fruit of the poisonous tree

The 'fruit of the poisonous tree' doctrine bars evidence derived from an illegal search or seizure, extending the exclusionary rule to all downstream evidence.

When a private employer monitors employee computer usage on company equipment, which statement BEST reflects the legal standard in most U.S. states?

Answer: Employees have no expectation of privacy on company equipment when properly notified

Courts generally hold that employees have reduced or no expectation of privacy on employer-owned equipment when a clear policy and prior notice are provided.

A CST is hired to install cameras in a retail store's restrooms to detect theft. What is the correct course of action?

Answer: Refuse the installation as restrooms are protected private spaces under virtually all jurisdictions

Virtually every U.S. jurisdiction prohibits video surveillance in restrooms and changing areas regardless of the stated purpose, making this installation illegal.

Which federal law governs the protection of stored electronic communications and gives users rights against unauthorized access by third parties, including employers in some contexts?

Answer: Stored Communications Act (SCA)

The Stored Communications Act (Title II of ECPA) protects the privacy of stored electronic communications such as emails and restricts access by service providers and third parties.

A surveillance technician discovers that footage requested by a client contains evidence of an unrelated crime. What is the MOST ethical course of action?

Answer: Consult legal counsel and, if required by law, cooperate with law enforcement

Ethical practice and potential legal obligations (such as mandatory reporting or response to subpoenas) require consulting counsel and cooperating with law enforcement when evidence of a crime is discovered.