Everything Radiates: Does the Fourth Amendment Regulate Side-Channel Cryptanalysis?
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3096711 [papers.ssrn.com]
2018-01-23 15:12
One means of doing so is through a “side-channel attack.” Our electronic devices are always radiating something—electromagnetic emissions, heat, and so forth. Those emissions reveal information, called “side channel information,” about the device. The physical implementation of a cryptosystem leaks electromagnetic emissions from which academic researchers have shown it is possible to extract the system’s secret encryption keys. Side-channel cryptanalysis is not a known law enforcement tactic at present, but that may change in time.
Law enforcement use of side-channel attacks will raise Fourth Amendment issues that will require a fact-intensive analysis to resolve. In determining what legal process (if any) will authorize a side-channel attack, a court will have to carefully examine what information will be acquired, from where, and how.
This is long, but reviews quite a lot of material.
source: green