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Stephen G. Bradbury, Legal Issues Relating to the Testing, Use, and Deployment of an Intrusion-Detection System to Protect Unclassified Computer Networks in the Executive Branch, 33 Op. Off. Legal Counsel 1 (2009) (full-text).
This Opinion concludes that as long as executive departments and agencies participating in EINSTEIN 2.0 operations consistently adopt, implement, and enforce the model log-on banner or computer-user agreement — or log-on banners or computer-user agreements with terms that are substantially equivalent to those models — the use of EINSTEIN 2.0 technology to detect computer network intrusions and exploitations against Federal Systems complies with the Fourth Amendment, the Wiretap Act, FISA, the SCA, and the Pen/Trap Act.