EC-Council: Computer Hacking Forensic Investigator(CHFI-V10) |
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Module 1 : Computer Forensics in Today's World |
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Question No 1
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Comunity Comments:
Krishna on 05/03/2024Opted Answer: B
Title 18, Section 2703(d) of the United States Code (U.S.C.) allows law enforcement agencies to ask internet service providers (ISPs) to save certain records, like emails, related to a particular user account. So, when an investigator contacts the administrator or controller of a domain (which can be found through a Whois lookup) by phone, they are doing so under the authority of this law. This law obligates the ISP to preserve the requested email records for investigative purposes.
Sec.2701.Unlawful access to stored communications.
2702.Voluntary disclosure of customer communications or records.
2703.Required disclosure of customer communications or records.
2704.Backup preservation.
2705.Delayed notice.
2706.Cost reimbursement.
2707.Civil action.
2708.Exclusivity of remedies.
2709.Counterintelligence access to telephone toll and transactional records.
2710.Wrongful disclosure of video tape rental or sale records.
2711.Definitions for chapter.
2712.Civil actions against the United States.§2703 (d) Requirements for Court Order.—A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.
§2703 (f) Requirement To Preserve Evidence.—
(1) In general.—A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.
(2) Period of retention.—Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.