Electronic Communications Privacy Act of 1986 (ECPA) | Practical Law

Electronic Communications Privacy Act of 1986 (ECPA) | Practical Law

Electronic Communications Privacy Act of 1986 (ECPA)

Electronic Communications Privacy Act of 1986 (ECPA)

Practical Law Glossary Item 3-508-5021 (Approx. 3 pages)

Glossary

Electronic Communications Privacy Act of 1986 (ECPA)

A federal statute that protects certain wire, oral, and electronic communications from unauthorized interception, access, use, and disclosure. The ECPA's provisions are codified in:
  • The Wiretap Act (amended by the ECPA). Among other things and subject to certain exceptions, the Wiretap Act makes it unlawful to:
    • intentionally intercept (use any electronic, mechanical, or other device to acquire the contents of) wire, oral, and electronic communications while in transit; or
    • use or disclose the contents of any communication obtained in violation of the statute.
    (18 U.S.C. §§ 2510 to 2523.)
  • The Stored Communications Act (SCA). The SCA protects the privacy of wire and electronic communications (for example, emails) and records (for example, email service subscriber names) while in electronic storage. Among other things, the SCA makes it unlawful to:
    • access without authorization (or exceed authorized access to) a system used to transmit wire or electronic communications; and
    • through such access, obtain, alter, or prevent another's authorized access to a wire or electronic communication stored on the system.
    (18 U.S.C. §§ 2701 to 2713.)
  • The Pen Register and Trap and Trace Devices Statute. Regulates the government's use of "pen registers" and "trap and trace devices" related to wire or electronic communications, such as telephone and internet communications (18 U.S.C. §§ 3121 to 3127).
The SCA also specifies the procedures for federal and state law enforcement to compel the disclosure of stored communications and regulates voluntary disclosure by service providers of customer communications and records.
In certain circumstances, the ECPA permits an individual who suffers damages to bring a civil action for damages or injunctive relief against a violator of the statute.
For information on the ECPA, see Practice Note, Key Issues in Electronic Communications Privacy Act (ECPA) Litigation.
For information on the applicability of the ECPA to workplace monitoring and surveillance, see Practice Note, Electronic Workplace Monitoring and Surveillance: Federal Wiretap Act and Stored Communications Act.