NCJ Number
115243
Journal
University of Cincinnati Law Review Volume: 57 Issue: 1 Dated: (1988) Pages: 315-342
Date Published
1988
Length
28 pages
Annotation
Following a review of prior case law, this article examines title III of the Omnibus Crime Control and Safe Streets Act of 1968 and its amendment by the Electronic Communications Privacy Act of 1986.
Abstract
Technological advances have made obsolete the original conceptions of privacy that were rooted in the belief that invasion could only occur through an actual physical intrusion. Consequently, the 1968 act addressed more sophisticated and complex methods of surveillance and attempted to balance the competing interests of the individual and the Government. However, rapid technological advances resulted in Title III becoming antiquated and illustrated the need for greater flexibility in electronic surveillance legislation. The 1986 amendments corrected many flaws in the original legislation. They specifically addressed cellular telephones, resolved ambiguities regarding pen registers, and encompassed changes related to advancements in electronic mail and digitized textual information. They also included protections against unauthorized interceptions by both common and private carriers. While still suffering some shortcomings, the 1986 improvements to Title III were intended to prohibit interception of certain electronic communication, simplify certain procedural requirements for access to communication records and interceptions, and balance citizens' privacy expectations with law enforcement needs. 174 notes.