- It was enacted by the United States Congress to extend government restrictions on wire taps from telephone calls to include transmissions of electronic data by computer, added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act (18 U.S.C. § 2701 et seq.), and added so-called pen/trap provisions that permit the tracing of telephone communications.
- Electronic communications means 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, photoelectronic or photooptical system that affects interstate or foreign commerce, but excludes the following:
- Wire or oral communication
- Communication made through a tone-only paging device
- Communication from a tracking device
- Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds
- ECPA includes the Wiretap Act, the Stored Communications Act, and the Pen-Register Act. Wire communication refers to phone conversations. An oral communication constitutes any oral conversation in person where there is the expectation no third party is listening.
- Individuals who violate ECPA face up to five years of jail time and a $250,000 fine. Victims are also entitled to a civil suit of actual damages, in addition to punitive damages and attorney’s fees. The United States itself cannot be sued for a violation, but evidence that is gathered illegally cannot be introduced in court.