A large multinational corporation suspects an internal breach of its data center and hires a forensic investigator. The investigator is required to conduct a search on the emails of an employee who is a US citizen, believed to be communicating classified information with a foreign entity. The forensic investigator, while respecting international laws and US privacy laws, should:
The Foreign Intelligence Surveillance Act of 1978 (FISA) is the most appropriate law for this scenario. FISA allows for judicial authorization of electronic surveillance and physical searches specifically targets individuals who are suspected of engaging in espionage or international terrorism against the United States, often linked to foreign entities. Since the situation involves a US citizen suspected of communicating classified information with a foreign entity, applying for a FISA warrant aligns with the legal requirements to ensure compliance with both international and US privacy laws.
FISA prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power.