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Questions and Answers
A Warrant to Disclose Computer Data (WDCD) can only be issued by a police officer.
A Warrant to Disclose Computer Data (WDCD) can only be issued by a police officer.
False
The application for a WDCD must include the probable offense involved.
The application for a WDCD must include the probable offense involved.
True
Within forty-eight hours of implementation, the law enforcement officer must submit a return on the WDCD to the court.
Within forty-eight hours of implementation, the law enforcement officer must submit a return on the WDCD to the court.
True
A WDCD allows for the collection of any type of data without restrictions.
A WDCD allows for the collection of any type of data without restrictions.
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The judge must be convinced of probable cause before issuing a WDCD.
The judge must be convinced of probable cause before issuing a WDCD.
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A WDCD can be issued only if the individuals whose data is sought are known.
A WDCD can be issued only if the individuals whose data is sought are known.
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The WDCD must be in a form prescribed in 'Annex A' of a specific rule.
The WDCD must be in a form prescribed in 'Annex A' of a specific rule.
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Returning the disclosed data to the court is optional for law enforcement officers.
Returning the disclosed data to the court is optional for law enforcement officers.
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An issuing judge must verify the return of the WDCD was made within the stipulated time.
An issuing judge must verify the return of the WDCD was made within the stipulated time.
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The WDCD can be effective indefinitely until revoked.
The WDCD can be effective indefinitely until revoked.
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Law enforcement authorities can retain data without court intervention for case build-up purposes.
Law enforcement authorities can retain data without court intervention for case build-up purposes.
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A Warrant to Intercept Computer Data (WICD) may be issued without any application from law enforcement authorities.
A Warrant to Intercept Computer Data (WICD) may be issued without any application from law enforcement authorities.
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The retained copy of data must be kept confidential and labelled accordingly.
The retained copy of data must be kept confidential and labelled accordingly.
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Interception of computer data can be performed without a court-issued warrant.
Interception of computer data can be performed without a court-issued warrant.
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Authorized law enforcement officers have 72 hours to submit a return on the WICD after its implementation.
Authorized law enforcement officers have 72 hours to submit a return on the WICD after its implementation.
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The person whose communications are intercepted does not have the right to challenge the legality of the interception.
The person whose communications are intercepted does not have the right to challenge the legality of the interception.
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The contents of the WICD application must include essential facts similar to those in Section 4.3 of this Rule.
The contents of the WICD application must include essential facts similar to those in Section 4.3 of this Rule.
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In case of non-compliance with the disclosure order, an action for contempt is not permitted.
In case of non-compliance with the disclosure order, an action for contempt is not permitted.
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After the expiration of the WICD, law enforcement must notify the subject within 60 days.
After the expiration of the WICD, law enforcement must notify the subject within 60 days.
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The issuing judge must check whether the return on the WICD has been completed within 24 hours.
The issuing judge must check whether the return on the WICD has been completed within 24 hours.
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Study Notes
Warrant to Disclose Computer Data (WDCD)
- A WDCD is a court order authorizing law enforcement to compel disclosure of subscriber information, traffic data, or relevant computer data.
- The application must include:
- Probable offense details
- Justification for data relevance
- Names of individuals/entities involved, and those with access to the data
- Specific description of sought data
- Location of disclosure enforcement
- Details on disclosure methods
- Additional relevant info to persuade probable cause.
- Courts assess applications based on probable cause.
- A return on WDCD must be submitted within 48 hours, along with the disclosed data.
- Judges have the duty to check returns. Law enforcement may retain a copy of data (strictly confidential), as long as it's labelled for case-building; data copy is turned over with the filing of a criminal case or upon court order.
- Non-compliance with disclosure orders leads to contempt proceedings.
Warrant to Intercept Computer Data (WICD)
- A WICD allows law enforcement to intercept (listen to, record, monitor) communications and computer data. (Includes content acquisition, direct access to systems, or indirect use of electronic devices).
- Applications for WICD need essentially similar details as WDCD applications, focusing on the communication/data to be intercepted.
- There should be probable cause for a court issued warrant to intercept.
- Once the interception is complete, law enforcement officials must submit a return and deliver the intercepted data to a court within 48 hours of completion or lapse of the order, whichever is sooner.
- The court must have a means to determine if a return was filed.
- Law enforcement officers must notify the targeted individuals within 30 days of the filing of the return. (Or 30 days after lapse of return filing)
- Individuals may challenge the interception's legality within 10 days of notification.
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Description
This quiz covers the essential aspects of Warrant to Disclose Computer Data (WDCD), including the requirements for applications, the responsibilities of courts, and the protocols for handling disclosed data. Understanding these processes is crucial for law enforcement and legal professionals involved in digital data retrieval.
