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Electronic Communications Privacy Act - PowerPoint PPT Presentation


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Electronic Communications Privacy Act . Distinction between wire and electronic communication Title III defines “electronic communication”

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Presentation Transcript
electronic communications privacy act
Electronic Communications Privacy Act
  • Distinction between wire and electronic communication
  • Title III defines “electronic communication”
    • Any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electric, or photo-optical system that affects interstate . . . Commerce, but does not include . . . any wire . . . communication . . .
slide2
Illegal for any “person” to “intentionally intercept” the “content” of any “wire . . . or electronic communication” and to disclose or use any illegally intercepted communication
  • Violation of Title III is a felony—punishable by 5 years in prison
  • Private right of action also possible—damages, punitive damages, attorney fees
  • No exclusionary rule for illegally intercepted electronic communication
slide3
Electronic communication includes email and internet use
  • Electronic communication does not include communication in electronic storage
    • Eliminates usefulness of Title III for email—unlike voice mail
workplace exceptions
Workplace exceptions
  • Consent
    • A party to the communication may give prior consent, even if the other party is unaware
  • Ordinary course of business
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