Glad you liked the post!

If Vince is discovered:

Even though Vince has been declared legally dead he would still be brought to trial without any issues if he is eventually discovered. Because he “died” before trial though, until he is discovered there will probably be no lawsuits against his family or his estate for the damages caused by his “crimes.”

If Orwell is an FBI Agent:

If Orwell turns out to be an FBI agent then addition to possible penalties under the ECPA for noncompliance, anything obtained through her hacking could be deemed inadmissible in court against Chess and his gang. “Suppression” of evidence that is obtained unlawfully is the primary result when law enforcement agents don’t follow the proper rules and regulation for collection.

Under the ECPA, a law enforcement agent can obtain basic user information from a service provider with just a subpoena. To get what is called “transactional information” (lists of IP addresses visited or communicated with), or to track a user based on their cell phone usage, Orwell would need a court order (called a 2703(d) order for ECPA purposes. The standard for getting a court order is higher than for a subpoena and Orwell would need to specifically identify the types of information that was being requested. Finally, to get actual contents of communications and additional information, Orwell would need a search warrant based on probable cause.

If Orwell actually is an FBI agent my guess is that she does not have enough authority issued by the court for her actions, and as a result anything she discovers will be inadmissible as evidence. If, however, she can show that whatever she uncovers would have been discovered through other, lawful, means (”inevitable discovery doctrine”) then it is possible that her evidence would still be admissible.