by Unknown
Accounting Cycle
212
13 Intelligence, Surveillance, and
Misappropriation Law 215
Overview of International and Military Law
215
Wiretap Surveillance
218
Surveillance, Satellites, and Civil Liberties
219
United States Code
223
Indiana 223
Ohio 224
Michigan 224
Illinois 225
Emerging Technology and Intelligence
226
Strengths, Weaknesses, Opportunities, and Threats
228
Misappropriation from Computers
229
14 Computer Forensics: Searches, Evidence,
and Notice 235
Searching Computers
235
Supreme Court Established Search Protocol
237
Notice 241
15 Computer Forensics: Discovery and Spoliation 243
Discovery Issues
243
Spoliation 252
Ethics, Standards of Conduct, and Sanctions
259
Contents
xi
Appendix A: Electronic Surveillance Law
263
Wire and Electronic Communications Intercept and
Interception of Oral Communications (18 U.S.C. 2510–2521)
263
Stored Wire and Electronic Communications and
Transactional Records Access (18 U.S.C. §§ 2701–2712)
292
The Pen Register and Trap and Trace Act (18 U.S.C.
§§ 3121–3127)
296
Communications Assistance Law Enforcement Act of 1994
(47 U.S.C. 1001–1021)
303
Foreign Intelligence Surveillance Act (50 U.S.C. 1861)
327
Appendix B: Computer Crime and Privacy Laws
335
USA Patriot Act
335
Computer Fraud and Abuse Act (18 U.S.C. 1030)
342
Children’s Online Privacy Act (15 U.S.C. §§ 6501–6506)
349
Appendix C: Government Data Privacy Laws
361
E-Government Act (44 U.S.C. § 101)
361
Federal Information Security Management Act (44 U.S.C.
§ 3541)
364
Appendix D: Consumer and Credit Data Privacy Laws 377
Freedom of Information Act (FOIA) (5 U.S.C. § 552)
377
Privacy Act of 1974 (5 U.S.C. § 552a: As Amended)
394
Privacy Protection Act of 1980 (42 U.S.C. 2000aa)
415
Employee Polygraph Protection Act (EPPA)
(29 U.S.C. 2001–2009) 421
Fair Credit Reporting Act (15 U.S.C. 1681)
430
Federal Trade Commission Act of 1914 (15 U.S.C. §§ 41–51)
452
Health Insurance Portability and Accountability Act (HIPAA) 454
Jencks Act (18 U.S.C. 3500)
454
Law Enforcement Officer Safety Act of 2004 (18 U.S.C. 926B
and 926C)
456
28 C.F.R. Part 23: Criminal Intelligence Systems Operating
Policies 460
Appendix E: List of Most Common Languages
489
List of Official Languages by Language and Area Spoken
489
List of Languages by State and Language Spoken
509
References 527
Preface
“And ye shall know the truth, and the truth shall make you free.” John 8:32
~ The Bible (King James Version) ~
I want to dedicate this book to my family—my wife Laurie, sons Bobby and
Josh, mother Carolyn (and Bill), mother-in-law Joann, and our siblings, in-laws, and extended family. I want to thank all of my professors, instructors, mentors, comrades-at-arms, brothers and sisters in law enforcement, and all of those who have helped me to prepare this text and serve my country and community. God bless America!
John Wayne once said something that I found very profound and
appropriate:
“I won’t be wronged. I won’t be insulted. I won’t be laid a-hand on. I don’t do these things to other people, and I require the same from them.”
This text is a collection of thoughts based upon my training and experi-
ence over more than three decades and upon the notes and handouts that I
have collected during thousands of hours of advanced training. I have been trained by law enforcement, the U.S. military, and private-sector sources, including the National Intelligence Academy and numerous other advanced
schools in investigations, intelligence, and operations.
In addition to making my own notes over the decades and saving hand-
outs from eminent instructors, I have collected manufacturer specifications and guidelines from vendors of intelligence and investigative equipment
that I thought were worth the effort of saving for reference purposes.
This work is a collection of some of the things that I have found useful
and interesting in pursuit of my profession. I hope that readers will find them equally useful and interesting.
Take note that laws change often. New statutes are enacted annual y by
both state and federal legislatures. Case law can change with a decision by state xiii
xiv
Preface
and federal appel ant courts. Readers and practitioners are advised (several times in this book) to not only refer to the legal cases and statutes provided, which are current at the time of writing, but to continual y seek competent legal counsel and updated legal citations before relying upon them.
Use this information responsibly.
De oppresso liber
Robert J. Girod, JD, PhD
Introduction
“And the man who was standing among the myrtle trees answered and said,
‘These are those whom the LORD has sent to patrol the earth.’”
~ Zechariah 1:10 (New American Standard Version) ~
Intelligence gathering has been going on since Moses sent spies into the land of Canaan, and its use was encouraged by military strategist Sun Tzu ( The Art of War). It has been used in conflicts between nations, in the wars against drugs and terrorism, and in business and industry. Whether using high-tech equipment or agents provocateur (undercover agents), intelligence involves the use of processed information, and information is power. Tradecraft is a term that refers to skills acquired through experience in a clandestine trade.
The term is used within the intelligence community as a collective word for the methods, practices, and techniques used in espionage.
Chapter 1 provides a discussion of black bag operational planning
(Chapter 1). The intelligence community refers to covert or surreptitious entry as black bag operations. These are operations conducted outside of the United States by intelligence agencies or within the United States by law enforcement agencies with valid search warrants. Most other black bag operations are illegal. While the owner of property may (for some reason) authorize such activities on his or her own property by employees or contracted personnel (like private investigators), even on private property investigators must be cognizant of privacy issues and laws.
The intelligence community also divides intelligence specialties or tasks into what are referred to as the “INTs.” Chapters 2 and 3 discuss HUMINT, or human intelligence, the gathering of information from human sources.
This can involve surveillance, undercover operations, use of informants or assets, etc.
Chapters 4 through 6 deal with defenses against methods of entry
(DAME), forced entry into buildings, safes and combination locks, au
tomo-
bile locks, etc. Understanding methods of entry is often necessary in foreign intelligence gathering and DAME is important in security, counterintelligence, and the investigation of burglaries and other forced entry offenses.
Psychological Operations (PSYOPS) and the use of social networks are
discussed in Chapter 7. This topic ranges from personal revenge and political dirty tricks to PSYOPS in support of military and diplomatic operations.
xv
xvi
Introduction
Chapter 8 discusses the use of ELINT (electronic intelligence) and
SIGINT (signals intelligence). This involves electronic interception of intelligence, bugs, wiretaps, and other communications interceptions.
Chapter 9 discusses EMINT (emanations intelligence), which concerns
the emanation of data, signals, or other intelligence from C4I systems (command, communications, control, computers, and intelligence systems).
Chapter 10 deals with IMINT (imagery intelligence), which involves any
intelligence gathered using images, such as photographs, night vision optics, infrared and forward-looking infrared (IR/FLIR) devices, satellite and aerial photographs and images, radar images, etc.
Chapter 11 deals with intel igence files and analytical methods. This is the processing, analysis, and dissemination (to end source users) of the intel igence product and may include crime analysis statistics, threat assessments, etc.
Finally, Chapters 13 through 15 discuss legal aspects that are of concern to intelligence officers and investigators in both the intelligence and law enforcement communities, as well as in the private sector. This information is supplemented by four appendices of applicable statutes, as well as one additional appendix on the most commonly encountered languages (for use in
HUMINT operations).
NOTE: Statutes and case laws change constantly. Do not rely upon any
source of law as being current without conducting legal research or consulting competent legal counsel. Statutes and case law included here are current at the time of research, but should be researched for current and up-to-date law before relying upon them. Always seek competent legal counsel on any legal questions.
This text is for law enforcement and authorized intelligence officers and for legal purposes only. The information contained here is for the academic study of crime and methods and practices of intelligence operations.
Covert or surreptitious entry and associated activities are often con-
ducted to gather information, inspect premises, remove something, or for
some other legal or illegal purpose. (Readers are cautioned not to pursue any illegal purposes, as severe criminal penalties may be involved.)
The Select Committee to Study Governmental Operations reported that
Since 1948 the FBI has conducted hundreds of warrantless surreptitious entries to gather domestic and foreign intelligence, despite the questionable legality of the technique and its deep intrusion into the privacy of targeted individuals.
Before 1966, the FBI conducted over two hundred “black bag jobs.”
(Memorandum from FBI to Senate select Committee; January 13, 1976)
The Select Committee to Study Governmental Operations, Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans, April 23, 1976, reported that
Introduction
xvii
Figure I.1 FBI Director J. Edgar Hoover (left) and Deputy Director Clyde Tolson (right).
Although several Attorneys General were aware of the FBI practice of breakins to install electronic listening devices, there is no indication that the FBI informed any Attorney General about its use of “black bag jobs.”
It went on to say:
Surreptitious entries were performed by teams of FBI agents with special
training in subjects such as “lock studies.” Their missions were authorized in writing by FBI Director Hoover or his deputy, Clyde Tolson (Figure I.1). A “Do Not File” procedure was utilized, under which most records of surreptitious entries were destroyed soon after an entry was accomplished.
(The Select Committee to Study Governmental Operations, p. 1)
“When the strong ones went out, they were eager to go to patrol the earth.”
And He said, ‘Go, patrol the earth.’ So they patrolled the earth.”
~ Zechariah 6:7
Author
Dr. Robert Girod, Sr. earned a double PhD in criminology and public administration from the Union Institute and University, a postdoctoral certificate in leadership from Harvard University, and a JD (doctor of jurisprudence) from Thomas M. Cooley Law School. He earned an MSc in criminal
justice administration from Central Missouri State University, a BA in sociology from Huntington College, a BGS in social and behavioral science and an associate of science in criminal justice from Indiana University, and a diploma in forensic science from the American Institute of Applied Science.
Girod is a graduate of the Indiana Law Enforcement Academy, the Fort
Wayne Police Academy, the National Police Institute Command and Staff
School, and more than 60 advanced police and instructor schools. He is a
graduate of more than a dozen military schools, including the U.S. Naval
War College, the U.S. Marine Corps Command and Staff College, and the
U.S. Air Force Squadron Officer’s School.
Dr. Girod is the president and CEO of Robert J. Girod Consulting, LLC,
attorneys-at-law and consulting detectives/private investigators, which provides general law practice and investigative services, litigation support, and management services nationwide, including forensic accounting, computer
forensics, accident reconstruction, and linguistic interviewing, translation, and interpretation.
Captain Girod is a command officer with the Haviland-Latty Police
Departments (Ohio). He also served as the director of public safety (interim CEO) for the Kanawha Police Department (Iowa).
Sergeant Girod retired from the Fort Wayne Police Department after
23 years as the robbery-homicide supervisor and founding member of the
FBI Federal Bank Robbery Task Force. He was also a supervisor over juvenile and auto theft as well as all four detective quadrants and also served as a patrol supervisor. He has served on the Police Reserve Board and the Police Pension Board and has lectured at the Fort Wayne Police Academy/Regional
Public Safety Academy.
Girod served as a special deputy for the United States Marshals Service and as a police officer with the Indianapolis Police Department and the Indiana University Police Department. He was a special agent with the Ohio Bureau of Criminal Investigations and an investigator with the Indiana Department of xix
xx
Author
Insurance and the Wel s County Prosecutor’s Office, where he began his career in 1979. Prior to this, he was a private detective for Zeis Security Systems.
Major Girod served for 4 years in the Indiana Guard Reserve and for
18 years in the U.S. Army Reserve, attaining the rank of captain. He held command and staff positions in the military police, basic training (infan-try), and Special Forces, but served primarily with the U.S. Army Criminal Investigations Command (USACIDC).
Professor Girod has been an adjunct professor or associate faculty mem-
ber at eight universities: Indiana University, Boston University, Huntington University, Concordia University of Wisconsin, Taylor University, Indiana Wesleyan University, Northcentral University, and the Union Institute and University. He has taught more than 30 subjects in management, criminal
justice, public administration, political science, history, and sociology at the undergraduate through the doctoral level in traditional, adult education, correspondence, and Internet programs.
Dr. Girod is a member of numerous professional, political, and civic
assoc
iations and organizations, including the Fraternal Order of Police, the American Bar Association, and the American Legion, and has served on
the board at the Fort Wayne-Allen County Historical Society (The History
Center) and First Church of the Nazarene. In addition to his military awards, Girod was awarded the Meritorious Service Medal and the Commendation
Medal by the Fort Wayne Police Department and a Letter of Commendation
by the director of the Federal Bureau of Investigation. He was listed in the Who’s Who in Law Enforcement in 1991 and the international Who’s Who in Public Service in 2000.
Girod is the author of Profiling the Criminal Mind: Behavioral Science and Criminal Investigative Analysis; Infamous Murders and Mysteries: Cold Case Files and Who-Done-Its; and Police Liability and Risk Management: Torts, Civil Rights and Employment Law. He has also authored numerous articles for various professional periodicals, such as FBI Law Enforcement Bul etin, Security Management, The Police Marksman, and Musubi.
About Robert J. Girod
Consulting, LLC
Run down, my dear fellow, and open the door, for all virtuous folk have been long in bed.
Ambereley excelled at chess—one mark, Watson, of a scheming mind.
He is in my judgment, the fourth smartest man in London, and for daring I am not sure that he has not a claim to be third.
~ Sherlock Holmes ~
Sir Arthur Conan Doyle
Robert J. Girod Consulting, LLC is an investigative, legal and litigation support, and management consulting firm. Most of its consulting detectives or investigators and expert witnesses are active or retired law enforcement and intelligence officers, university professors, and practicing professionals.
Many of the firm’s investigators are still active police detectives and
professors, while others are retired from lengthy careers with the CIA, FBI, DEA, IRS, U.S. Secret Service, U.S. Postal Inspectors, and the NTSB (National Transportation Safety Board). Some of the firm’s consultants are tenured
professors at several universities around the country, including a number of Big Ten universities, while others are adjunct professors at multiple universities. The staff also includes a cadre of expert witnesses that include forensic psychologists, a forensic chiropractor, and physicians (and a former coroner) who are board certified in pain management, orthomolecular medicine (anti-aging), family practice, anesthesiology, and orthopedic and sports medicine.
