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Publication Year

2007

Abstract

This Article examines a troubling pattern in the application of federal law enforcement surveillance statutes-namely, those portions of the Electronic Communications Privacy Act of 1986 (the "ECPA") sometimes known as the Pen Register Statute ("PRS") and the Stored Communications Act- ("SCA")-whereby federal prosecutors secretly and routinely obtain court authorization for surveillance that Congress did not intend and which may violate the Fourth Amendment.

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