Chapter 21 resources for the Cyberlaw book
By John Bandler
This page has resources specific for this chapter.
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Chapter 21 Procedural cybercrime laws
Chapter references, resources, and additional reading
- Chapter 21 resources, https://johnbandler.com/cyberlawbook-resources-ch21/ (this page)
- Chapter 19, The Western Express Case
- Criminal cyberlaw, https://johnbandler.com/criminal-cyberlaw/
- Procedural criminal cyberlaw, https://johnbandler.com/criminal-cyberlaw-procedural/
- Fourth Amendment, (via Cornell LII), https://www.law.cornell.edu/constitution/fourth_amendment
- Cybercrime Investigations (2020 book), Chapter 7 The Law Enforcement Legal Toolbox for Investigating Cybercrime (Laws for
- U.S. DOJ, Justice Manual, Title 9 Criminal, https://www.justice.gov/jm/title-9-criminal (including sections on obtaining evidence, electronic surveillance, etc.)
- Electronic Communications Privacy Act (ECPA) main titles
- Title I: Wiretap Act 18 U.S.C. §§ 2510–2523, https://www.law.cornell.edu/uscode/text/18/part-I/chapter-119
- Title II: Stored Communications Act (SCA) 18 U.S.C. §§ 2701–2713, https://www.law.cornell.edu/uscode/text/18/2713
- Title III: Pen Registers and trap and trace devices 18 U.S.C. §§ 3121–3127, https://www.law.cornell.edu/uscode/text/18/part-II/chapter-206
- ECPA sections to obtain each type of order:
- 18 U.S. Code § 3122, Application for an order for a pen register or a trap and trace device, https://www.law.cornell.edu/uscode/text/18/3122 (how a prosecutor can apply for a pen register)
- 18 U.S. Code § 2516, Authorization for interception of wire, oral, or electronic communications, https://www.law.cornell.edu/uscode/text/18/2516 (how a prosecutor can apply for a wiretap order)
- 18 U.S. Code § 2703, Required disclosure of customer communications or records, https://www.law.cornell.edu/uscode/text/18/2703 (how a prosecutor can obtain stored communications records, including via subpoena and search warrant)
- International related
- Coming soon
Chapter questions
- Criminal procedure law is about the ___________ of investigating and prosecuting crimes. (One word)
- What is a good prosecutor supposed to be motivated by, and trying to do, while investigating or prosecuting a case?
- As you analyze a particular criminal case, what are some things you should first determine about that case?
- Should cybercrime criminal investigations consider traditional crimes? Why?
- What two traditional crimes should cybercrime investigators consider?
- Name the primary federal cybercrime law (spell it out fully and provide the initialism)
- Name another federal cybercrime law that has both substantive and procedural aspects (spell it out fully and provide the initialism)
- Spend five or ten minutes reading the CFAA, and summarize your thoughts, what you learned, whether it was difficult, etc.
- List the three parts of ECPA.
- If you are a NY state prosecutor or investigator, can you charge federal crimes? Why or why not?
- Is it likely that a cybercrime could be prosecuted by both federal and state law enforcement? Why or why not?
Links and information
- The book: Cyberlaw: Law for Digital Spaces and Information Systems, by John Bandler
- Cyberlaw Book Resources (main resources page)
- Cyberlaw book FAQ
- Cyberlaw main book page
- Amazon - John's Author page
- Udemy online course on cyberlaw
(other online courses too) - Services
This page is hosted at https://johnbandler.com/cyberlawbook-resources-ch21, copyright John Bandler, all rights reserved.
Originally posted 11/21/2024. Updated 01/05/2025.