Section 33 Electronic Communications Privacy Act

• Library: Employer-Employee Law 2008

The Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. §§ 2510 et seq., establishes penalties for a person who “(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds
an authorization to access that facility.” 18 U.S.C. § 2701(a). The prohibitions do not apply to conduct authorized “(1) by the person or entity providing a wire or electronic communications service [or] (2) by a user of that service with respect to a communication of or intended for that user.” 18 U.S.C. § 2701(c).

Under the ECPA, persons whose...