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Cyber Security - the Laws that Govern Incident Response - page 16 / 38

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2k. Tracing Traffic Data During an Incident

In emergency situations, law enforcement may intercept header information without a court order (emergency authorization lasts 48 hours - after which order is needed)

Emergencies under this provision include:

an immediate danger of death or serious bodily injury;

conspiratorial acts of organized crime;

New sections under Homeland Security Act:

an immediate threat to a national security interest;

an ongoing attack on a “protected computer” that constitutes a crime punishable by a term of imprisonment of more than a year

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