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Highlights of the Electronic Communications Privacy Act

  • Section 2511: Interception and disclosure of wire, oral, or electronic communications prohibited
    1. It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
    2. It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortuous act in violation of the Constitution or laws of the United States or of any State.
  • Section 2702: Disclosure of contents
  • A person or entity providing an electronic communication service to the pubic shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and
  • A person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service—
    1. on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; and
    2. solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.
  • Exceptions. A person or entity may divulge the contents of a communication
    • to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;
    • with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service;
    • to a person employed or authorized or whose facilities are used to forward such communication to its destination.