The intention of the ECPA
was to update the law's scope to encompass new technologies and include the interception of electronic communications and stored electronic communications.
The plaintiff sued under the ECPA
, and the defendants claimed that the plaintiff had consented to the recording based on section 2511(2)(d).
The court disagreed, holding that the ECPA
did not apply.
has been repeatedly amended, most notably by the Communications Assistance for Law Enforcement Act ("CALEA"), Pub.
used the term in order to "attach a price tag" to
Google actually raised this argument in its attempt to quash the subpoena to disclose users' search queries, believing the subpoena violated the ECPA
The FBI has derived a series of safeguards directly from the ECPA
that must be satisfied before Carnivore can be deployed.
Due to this judicial reluctance, unless express permission is obtained, an employer may not be able to use the consent exception to avoid liability under the ECPA
110) The DTA extended ECPA
protection to cordless telephone communications(111) and mandated that telecommunication service providers design systems through which communications can be intercepted in response to court orders.
has not been updated for nearly three decades, and we are pleased to see New Hampshire voters support updating the law for the digital age," said Gabe Rottman, Legislative Counsel and Policy Advisor at the American Civil Liberties Union (ACLU) of the Digital 4th coalition.
amended Title III of the Omnibus Crime Control and Safe
In a response letter to Pope Francis's encyclical, Senior ECPA