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The Lure: The True Story of How the Department of Justice Brought Down Two of the World’s Most Dangerous Cyber Criminals by Steve Schroeder

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Chapter 7. A (Not So) Brief Primer on National Security Investigations

There is a critically important difference between the gathering of intelligence information and the gathering of evidence to be used in a criminal proceeding. The constitutional rules that govern and restrict the gathering of evidence for a criminal case do not uniformly apply in the intelligence arena. The story of this difference really begins with the case of Olmstead v. United States, 277 U.S. 438 (1928). In that case, Federal agents in Seattle, Washington, were investigating a massive Prohibition-era conspiracy to import illegal alcohol into the United States. Agents tapped the telephone lines to Olmstead’s house and offices and listened in on the calls to gather evidence ...

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