Identify and describe the three tiers of the surveillance system designed to balance government power and individual privacy. Include in your description both government powers and the limits on that power in each tier

Question

What will be an ideal response?

Answer 1

Federal law has established a three-tier system to balance government power and
individual privacy in government surveillance. Tier One restricts government power
and protects privacy the most. This tier includes a general ban on electronic
surveillance, intersection, and capture. However, this tier has a serious crime
exception which allows such activities for any crimes punishable by death or more
than one year in prison. This tier also requires safeguards with detailed requirements
and approval by the courts.
Tier Two authorizes more government power and provides less protection for individual
privacy. Under this tier, stored communications and transactions are subject to
surveillance, interception, and capture of information. This tier applies to all crimes, not
just "serious" crimes. There are still safeguards in this tier, viz., the requirements of a
court order, warrant or subpoena to gather the information.
Tier Three authorizes the most government power and provides the least protection for
individual privacy. Under this tier, government has the power to use pen registers and
tap and trace devices on a particular phone for surveillance, interception, and capture
of information. Once again, this tier applies to all crimes, not just "serious crimes.".
Here safeguards are less. Court approval is not always required, and only the approval
of the department senior official is needed for the use of pen registers and trap and
trace devices. However, if the government wishes to get e-mail headers, there is the
requirement of a court order.