ECPA


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Related to ECPA: ECPS

ECPA

(Electronic Communications Privacy Act of 1986) Signed into law in 1986, the ECPA extends legal protection against wiretapping and other forms of unauthorized interception to e-mail, cellular telephones, pagers, computer transmissions and communications provided by private communication carriers. It also explicitly allows employers to monitor communications by employees using the employers' equipment. For more information, visit www.usiia.org/legis/ecpa.html and www.eff.org.
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If this were a case between a private employer and their employee, however, the ECPA would be virtually useless due to the many exemptions provided to private employers.
28) Since the e-mail at issue was in electronic storage, the ECPA did not apply.
ECPA provides a complex set of rules for the proper disclosure of information by the service provider to law enforcement.
To the extent that the ECPA prohibits the interception of electronic communications such as e-mail and voice mail, the statute does contain three main exceptions that may be applicable to private employers: employee consent to monitoring; permitting providers of wire or electronic communications services to monitor their lines for quality; and permitting interception over a telephone extension used by an employer in the ordinary course of business.
The uncertainty surrounding the interpretation of the ECPA and other sources of federal privacy law justifies why Shoars' case was brought under California statutes.
47) But if registration information is considered "signaling information," ECPA would, paradoxically, give more protection to less information--that is, it would give more protection to stored records of voluntary use (at the second tier) than to automatically-generated registration information (at the third tier).
The ECPA is a notoriously complex set of statutes, (95) which this
Section 2703 of ECPA regulates government access to store communications by statutorily defined network service providers: "electronic communication service" (153), and "remote computing service" (RCS).
8 One court concluded the search of a pager seized incident to arrest implicates Title II of the ECPA (18 U.
In addition, he advised AUSAs throughout the office on ECPA and investigative techniques relating to digital evidence.
In Iowa, 81% of Democratic voters and 74% of Republican voters are behind ECPA reform.