Exceeding Authorized Access. In some cases under the CFAA, a violation is triggered when one “exceeds authorized access.” This means to “access a computer with authorization and to use such access to obtain or alter information in the computer that the accessor is not entitled so to obtain and to alter.” 18 U.S.C. § 1030(e) (6). Electronic Communications Privacy Act (ECPA) [18 U.S.C. §§ 2510-3127] The Electronic Communications Privacy Act (ECPA) was passed in 1986 to expand and revise federal wiretapping and electronic eavesdropping laws. It was envisioned to create “a fair balance between the privacy expectations of citizens and the legitimate needs of law enforcement.” Congress also sought to support the creation of new technologies by assuring consumers that their personal information would remain safe. Phone Conversations. ECPA includes the Wiretap Act, [18 U.S.C. §§ 2510-2522], the Stored Communications Act (SCA), [18 §§ 2701-2711], and the Pen Register Act, [18 U.S.C. §§ 3121-3127]. Wire communication refers to “any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection.” It essentially covers phone conversations. An oral communication is “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.” This constitutes any oral conversation including phone conversations with a person where there is the expectation that no third party is listening. Penalties. Individuals who violate ECPA face up to five years of jail time and a $250,000 fine. Victims are also entitled to a civil suit of actual damages, in addition to punitive damages and attorneys’ fees. Electronic Eavesdropping. ECPA protects a person’s wire and electronic communications from being intercepted by another private individual. In general, the statute bars wiretapping and electronic eavesdropping,
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