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§ 2511(2)(a)(ii), (2)(e), and (2)(f).ĩ-7.100 - Authorization of Applications for Wire, Oral, and Electronic Interception Orders-Overview and History of Legislation § 1801, et seq., are specifically excluded from the coverage of Title III.

Interceptions conducted pursuant to the Foreign Intelligence Surveillance Act of 1978, which is codified at 50 U.S.C. Because of the well-recognized intrusive nature of many types of electronic surveillance, especially wiretaps and "bugs," and the Fourth Amendment implications of the government's use of these devices in the course of its investigations, the relevant statutes (and related Department of Justice guidelines) provide restrictions on the use of most electronic surveillance, including the requirement that a high-level Department official specifically approve the use of many of these types of electronic surveillance prior to an Assistant United States Attorney obtaining a court order authorizing interception.Ĭhapter 7 contains the specific mechanisms, including applicable approval requirements, for the use of wiretaps, "bugs" (oral interception devices), roving taps, video surveillance, and the consensual monitoring of wire or oral communications, as well as emergency interception procedures and restrictions on the disclosure and evidentiary use of information obtained through electronic surveillance.Īttorneys in the Criminal Division's Electronic Surveillance Unit of the Office of Enforcement Operations are available to provide assistance concerning both the interpretation of Title III and the review process necessitated thereunder. The Electronic Surveillance Unit has developed for Department attorneys a user-friendly DOJNet site that contains training materials and sample Title III documents for review. The Federal electronic surveillance statutes (commonly referred to collectively as "Title III") are codified at 18 U.S.C. This chapter contains Department of Justice policy on the use of electronic surveillance. Prior Consultation with the Computer Crime and Intellectual Property Section of the Criminal Division (CCIPS) for Applications for Pen Register and Trap and Trace Orders Capable of Collecting Uniform Resource Locators (URLs)

Use and Unsealing of Title III AffidavitsĬonsensual Monitoring-Procedures for Lawful, Warrantless Monitoring of Oral Communicationsĭefendant Motion or Discovery Request for Disclosure of Defendant Overhearings and Attorney Overhearings Video Surveillance-Closed Circuit Television≽epartment of Justice Approval Required When There Is A Reasonable Expectation of Privacy Authorization of Applications for Wire, Oral, and Electronic Interception Orders—Overview and History of Legislation