1. How Does Electronic Surveillance Work Legally?
Title III warrant (content)
Remember Katz case
FISA order (content)
Remember Truong case
Transactional info order
Remember Third-Party Doctrine

2. Title III Warrant (Content) Requirements
Only certain high-level officials can approve application
Warrant application goes to a court (magistrate)
Establish facts giving rise to probable cause to believe that certain crime has occurred or will occur and that particular communications concerning the crime will be obtained through intercept
Details must include particular description of facilities to be wiretapped, among other requirements
Alternative techniques likely to be unsuccessful
Minimize interception of irrelevant communications
Problem of over-collection
Need to sort and delete
Materials turned over to the defendant

3. FISA Order (Content)
For standard FISA wiretapping order, application goes to FISC
FISC must find probable cause to believe target is foreign power or agent of a foreign power
Application must be approved by senior DoJ officials and include detailed facts, including including nature of info sought, and certifcation of foreign intel purpose
Procedures to minimize the acquisition, use, and retention of info concerning U.S. persons

4. Criminal Transactional Info Order (Metadata) Requirements
“Pen register” = device which records or decodes dialing, routing, addressing, signaling info
“Trap & trace device” = device which captures incoming numbers or other dialing, routing, addressing, signaling info
Requires court order (not a warrant)
Law enforcement official must represent to court that info likely to be obtained is relevant to ongoing criminal investigation
For foreign intelligence, even easier