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, possession of wiretapping or electronic eavesdropping equipment, and the use or disclosure of information unlawfully obtained through wiretapping or electronic eavesdropping. The Wiretap Act prohibits any person from intentionally intercepting or attempting to intercept a wire, oral or electronic communication by using any electronic, mechanical, or other device. An electronic device must be used to perform the surveillance; mere eavesdropping with the unaided ear is not illegal under ECPA. 52
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