The Electronic Communications Privacy Act (ECPA) is a federal law enacted in the United States in 1986 that governs the privacy and protection of electronic communications. The primary objective of ECPA is to regulate the interception, access, use, and disclosure of electronic communications by individuals, businesses, and government entities.
Under ECPA, electronic communications include information transmitted through electronic devices such as emails, text messages, instant messages, and other forms of online communication. The act sets forth guidelines regarding the circumstances under which law enforcement agencies can intercept, access, and disclose electronic communications.
ECPA is divided into three main parts: the Wiretap Act, the Stored Communications Act, and the Pen Register and Trap and Trace Act. The Wiretap Act establishes the requirements and limitations for conducting electronic surveillance and intercepting communication in real-time. The Stored Communications Act regulates access to communication stored by service providers, such as emails or stored messages. Finally, the Pen Register and Trap and Trace Act addresses the collection of metadata, such as the sender and recipient of electronic communications.
The ECPA includes provisions that require government entities to obtain a warrant before intercepting electronic communications, while also providing exceptions for certain situations where consent, voluntary disclosure, or law enforcement purposes may apply.
Overall, the Electronic Communications Privacy Act serves as a legal framework to safeguard the privacy and security of electronic communications, balancing the needs of law enforcement with individual privacy rights in the digital age.
