I am on the corporate side, but I would like some clarification on some of the privacy issues faced by PI's that do this work.
*Who is the person that can provide consent to image and analyze a computer?
*Can it be any person in the household that has access to the machine?
*Can it be someone who is visiting the residents?
*Does the consenting party have to be 18 or older? I'm assuming yes.
*Does consent have to come from the owner of the machine?
*Does consent give you the right to search outside the areas of the system that the consenting user has access too? Example, consenting user has their own user account on the system, can you search the other user accounts on the system?
What other issues or scenarios am I missing?
*I've heard of some PIs tracking a suspect by using a magnetic GPS unit that attaches to their car. What privacy or legal issues, if any, are involved in this? Would you need consent from one of the parties that is allowed to use the car? Would they need to be listed as a authorized drive on the insurance?
Also, do any of these apply when you are responding to a warrant? What privacy issues do you face when conducting criminal investigations? If you had a machine labeled attorney-client privileged…would you be able to seize and image it with a warrant?
Sorry for all the questions, but I think these are some really important questions.
*Who is the person that can provide consent to image and analyze a computer?
*Can it be any person in the household that has access to the machine?
…
*Does consent give you the right to search outside the areas of the system that the consenting user has access too? Example, consenting user has their own user account on the system, can you search the other user accounts on the system?
…
*I've heard of some PIs tracking a suspect by using a magnetic GPS unit that attaches to their car.
…
Also, do any of these apply when you are responding to a warrant? What privacy issues do you face when conducting criminal investigations? If you had a machine labeled attorney-client privileged…would you be able to seize and image it with a warrant?Sorry for all the questions, but I think these are some really important questions.
Actually, these are rather good questions. So good, in fact, that they have been -and are being- asked in Courts across our fair land!
First, off the answer to several of your questions is It depends on which State you live in.
Many States will consider a PC "marital property" (if in the home) and will permit either spouse to grant access.
If the PC is used primarily for business purposes, there may be a greater "expectation of privacy" (Keep that phrase in mind. You'll see it again and again. Heck, let's just call it "EOP", for short.)
Is the PC (or Mac) being used by someone who is acting as an "agent" for an attorney? If so, you have "work-product" issues. Translation "Don't touch that computer!"
Are the user accounts password-protected? If so, there may be EOP issues. Your State May Vary. Consult with a local attorney.
GPS? Several Federal cases have established that trackers are OK because there is no EOP when you drive on public thoroughfares.
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How 'bout that, for starters?