312-49 · Question #380
312-49 Question #380: Real Exam Question with Answer & Explanation
The correct answer is D: Title 18, Section 2703(f). Title 18, U.S.C. § 2703(f) — part of the Electronic Communications Privacy Act (ECPA) — authorizes law enforcement to contact an ISP or domain controller and request the immediate preservation of stored electronic communications (such as emails) for up to 90 days while a for
Question
When an investigator contacts by telephone the domain administrator or controller listed by a whois lookup to request all e-mails sent and received for a user account be preserved, what U.S.C. statute authorizes this phone call and obligates the ISP to preserve e-mail records?
Options
- ATitle 18, Section 1030
- BTitle 18, Section 2703(d)
- CTitle 18, Section Chapter 90
- DTitle 18, Section 2703(f)
Explanation
Title 18, U.S.C. § 2703(f) — part of the Electronic Communications Privacy Act (ECPA) — authorizes law enforcement to contact an ISP or domain controller and request the immediate preservation of stored electronic communications (such as emails) for up to 90 days while a formal legal process (such as a subpoena or court order) is being obtained. This is commonly called a 'preservation letter' or '2703(f) letter.' Section 1030 covers computer fraud, Section 2703(d) covers court orders for disclosure, and Chapter 90 covers trade secrets — none of which authorize this specific preservation request.
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