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This section of the U.S. Code defines the federal crimes and civil liabilities of intercepting, disclosing, or using wire, oral, or electronic communications without authorization. It also sets forth the conditions and limitations for legal interception and disclosure by providers, law enforcement, and intelligence agencies.
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- General Provisions
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The Electronic Communications Privacy Act and the Stored Wire Electronic Communications Act are commonly referred together as the Electronic Communications Privacy Act (ECPA) of 1986. The ECPA updated the Federal Wiretap Act of 1968, which addressed interception of conversations using "hard" telephone lines, but did not apply to interception of com...
The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The Act applies to email, telephone conversations, and data stored electronically.
"The structure of the SCA reflects a series of classifications that indicate the drafters’ judgments about what kinds of information implicate greater or lesser privacy interests. For example, the drafters saw greater privacy interests in the content of stored emails than in subscriber account information. Similarly, the drafters believed that comp...
The ECPA has three titles: Title I(link is external) of the ECPA, which is often referred to as the Wiretap Act, prohibits the intentional actual or attempted interception, use, disclosure, or "procure[ment] [of] any other person to intercept or endeavor to intercept any wire, oral, or electronic communication." Title I also prohibits the use of il...
The ECPA was significantly amended by the Communications Assistance to Law Enforcement Act (CALEA(link is external)) in 1994, the USA PATRIOT Act in 2001, the USA PATRIOT reauthorization acts in 2006, and the FISA Amendments Act of 2008(116pp | 303kb | PDF). Other acts have made specific amendments of lesser significance.
ECPA is a federal law that protects wire, oral, and electronic communications and regulates their interception and use by law enforcement. It consists of three titles: Wiretap Act, Stored Communications Act, and Pen Register and Trap and Trace Devices Act.
Authorization for disclosure and use of intercepted wire, oral, or electronic communications § 2518. Procedure for interception of wire, oral, or electronic communications
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. To be clear, an electronic device must be used to perform the surveillance; mere eavesdropping with the unaided ear is not illegal under ECPA.
The Wiretap Act, also known as Title III of the Omnibus Crime Control and Safe Streets Act of 1968, regulates the interception of wire, oral, and electronic communications by government and private parties. It requires judicial authorization, probable cause, and limitations on use and disclosure of authorized intercepted information.
This section of the U.S. Code outlines the legal framework for intercepting wire, oral, or electronic communications under the Wiretap Act. It specifies the conditions, procedures, and safeguards for obtaining a court order, furnishing assistance, and minimizing interception.
Mar 23, 2018 · "(a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation.
