Electronic Communications Privacy Act


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Electronic Communications Privacy Act

Legislation in the United States, passed in 1986, that protects most communication sent over a computer network from search or seizure without a warrant. The Act requires law enforcement officials to abide by the same requirements for computer communications as they do for telephone communications. Exemptions established by the Act, such as access to records kept by service providers, have proven controversial.
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(142) See Electronic Communications Privacy Act Hearing, supra note 95, at 33 (quoting statement of Professor Matt Blaze at the hearing on the ECPA).
The initial passage of the Electronic Communications Privacy Act of 1986, which (for all its faults) largely protected e-mail communications and other online interactions at a time when few Americans owned or used personal computers, is a testament to the lasting power of legislation.
(17.) See, e.g., The Electronic Communications Privacy Act: Government Perspectives on Protecting Privacy in the Digital Age: Hearing Before the Subcomm.
In 1986, when cellular phones were brick-sized novelties and most Americans had never even heard of "electronic mail," Congress passed the Electronic Communications Privacy Act (ECPA).
--Senate Report on the Electronic Communications Privacy Act of 1986
However, Microsoft objected, arguing that production of the emails would be a violation of the Electronic Communications Privacy Act ("ECPA"), 18 U.S.C.
It also presents the text of the Electronic Communications Privacy Act and the Foreign Surveillance Act and includes a brief summary of the Protect America Act and the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008.
A bill introduced in May by Senate Judiciary Committee Chairman Leahy, the Electronic Communications Privacy Act Amendments Act of 2011 (S.1011), was the first attempt by Congress to reauthorize certain provisions of ECPA.While NDAA and the greater criminal justice community has concerns with certain parts of S.
The most significant digital privacy laws are the federal Electronic Communications Privacy Act (ECPA) and Stored Communications Act (SCA).
Golinveaux has represented clients in a broad range of industries in a number of high-profile intellectual property matters, and has significant experience litigating issues concerning the following: primary and secondary copyright and trademark infringement, the safe harbor and anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA), the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, cybersquatting, right of publicity, trade secret, unfair competition, and related issues.
Although there are numerous statutes that regulate government electronic surveillance, (11) this analysis focuses on the Electronic Communications Privacy Act, the Stored Communications Act, and the Foreign Intelligence Surveillance Act:
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