Chapter 21 resources for the Cyberlaw book
By John Bandler
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Chapter 21 Criminal Procedure and Gathering Electronic and Cybercrime Evidence
Chapter references, resources, and additional reading
- Chapter 21 resources, https://johnbandler.com/cyberlawbook-resources-ch21/ (this page)
- Chapter 11, The Fourth Amendment
- Chapter 12, Jurisdiction
- 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 Gathering Criminal Cyber Evidence)
- 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)
- NY laws on pen registers, search warrants, and wiretaps
- Subpoenas, C.P.L. Article 610, https://www.nysenate.gov/legislation/laws/CPL/A610
- Pen registers and trap and trace devices, C.P.L. Article 705, https://www.nysenate.gov/legislation/laws/CPL/A705
- Search warrants, C.P.L. Article 690, https://www.nysenate.gov/legislation/laws/CPL/A690
- Wiretaps, C.P.L. Article 700, https://www.nysenate.gov/legislation/laws/CPL/A700
- International related
- Clarifying Lawful Overseas Use of Data (CLOUD) Act,
- Budapest Convention on Cybercrime
- Council of Europe (CoE), The Convention on Cybercrime (Budapest Convention, ETS No. 185) and its Protocols, https://www.coe.int/en/web/cybercrime/the-budapest-convention
- Details of Treaty No.185, https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=185
- Text of the Convention on Cybercrime, https://rm.coe.int/1680081561
- Guidance notes, https://www.coe.int/en/web/cybercrime/guidance-notes
- U.N. Cybercrime Convention
- U.N. General Assembly, Draft United Nations convention against cybercrime: Strengthening international cooperation for combating certain crimes committed by means of information and communications technology systems and for the sharing of evidence in electronic form of serious crimes, (Aug. 7, 2024), A/AC.291/L.15, https://documents.un.org/doc/undoc/ltd/v24/055/06/pdf/v2405506.pdf
- United Nations, Press release: Member States finalize a new cybercrime convention, (Aug. 9, 2024), https://www.unodc.org/unodc/en/frontpage/2024/August/united-nations_-member-states-finalize-a-new-cybercrime-convention.html
- Extradition
- U.S. Constitution Article IV, Section 2, Clause 2 (“Extradition Clause” or “Interstate Rendition Clause")
- U.S. DOJ, Justice Manual, 9-15.000, International Extradition and Related Matters, https://www.justice.gov/jm/jm-9-15000-international-extradition-and-related-matters
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?
- What research, investigation, steps, process, and laws would you use to investigate cyber conduct? And how would you articulate what you did, and why it proves something? Either as a prosecutor, as a private-practice lawyer representing a client, as a private person.
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 09/18/2025.