Electronic Communications Privacy Act

 

The Electronic Communications Privacy Act (ECPA) is a United States federal law that governs the interception of electronic communications, including email, telephone conversations, and other forms of digital communication. The law was enacted in 1986 to update the existing wiretapping laws and to address privacy concerns in the digital age.

The ECPA is composed of three main parts:

1. The Wiretap Act, which regulates the interception of electronic communications in transit, such as telephone conversations and email messages.
2. The Stored Communications Act, which regulates the government's access to electronic communications that are stored by third-party service providers, such as email providers and cloud storage services.
3. The Pen Register and Trap and Trace Act, which regulates the government's use of devices that record or trace the numbers dialed from a particular telephone line.

The ECPA provides privacy protections for electronic communications, but it also includes exceptions that allow law enforcement to intercept and access communications under certain circumstances, such as with a warrant or with the user's consent.

The Wiretap Act is a federal law that is part of the Electronic Communications Privacy Act (ECPA) that regulates the interception of electronic communications in transit, such as telephone conversations and email messages. The Wiretap Act is also known as Title III of the Omnibus Crime Control and Safe Streets Act of 1968.

Under the Wiretap Act, it is illegal to intentionally intercept or disclose any wire, oral, or electronic communication, unless the interception or disclosure is specifically authorized by law. This includes the interception of telephone calls, emails, and other digital communications.

The Wiretap Act requires law enforcement to obtain a warrant or court order before intercepting or disclosing any electronic communication. However, there are exceptions to this requirement in certain situations, such as when one party to the communication has given consent to the interception or when law enforcement believes that the interception is necessary to prevent a serious crime.

The Stored Communications Act (SCA) is a federal law that is part of the Electronic Communications Privacy Act (ECPA) that regulates the government's access to electronic communications that are stored by third-party service providers, such as email providers and cloud storage services.

Under the SCA, the government is required to obtain a warrant, subpoena, or court order before accessing electronic communications that are in electronic storage for less than 180 days. For communications that are in electronic storage for more than 180 days, the government may use a subpoena or a court order, but no warrant is required.

The SCA provides privacy protections for the stored communications of individuals, but it also includes exceptions that allow law enforcement to access communications without a warrant or court order in certain circumstances, such as when the individual has given consent or when the access is necessary to prevent a serious crime.

The Pen Register and Trap and Trace Act (PRTT) is a federal law that is part of the Electronic Communications Privacy Act (ECPA) that regulates the government's use of devices that record or trace the numbers dialed from a particular telephone line.

Under the PRTT Act, law enforcement may use a pen register or trap and trace device to record the numbers dialed from a particular phone line or other communication device, such as an internet protocol address (IP address). This information can be used to identify the source of harassing phone calls, threats, or other criminal activity.

Unlike the Wiretap Act and the Stored Communications Act, the PRTT Act does not require law enforcement to obtain a warrant or court order before using a pen register or trap and trace device. Instead, law enforcement only needs to certify to a court that the information sought is relevant to an ongoing criminal investigation.

However, the PRTT Act does require law enforcement to notify the subject of the surveillance within 90 days after the surveillance has ended, unless a court orders otherwise. The subject may then challenge the use of the pen register or trap and trace device in court.