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Electronic Communications Privacy Act  (ECPA)

The information contained on this page is for reference only and does not constitute legal advice.

The Electronic Communications Privacy Act  (ECPA) and the Stored Wire and Electronic Communications Act, commonly grouped together as the Electronic Communications Privacy Act, or ECPA, are federal laws that prohibit certain types of electronic eavesdropping.

General Provisions: The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The Act applies to email, telephone conversations, and data stored electronically.

Interception: The statute defines interception as the “aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical, or other device.”

Storage: Electronic : “any temporary, immediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and any storage of such communication by an electronic communication service for purposes of backup protection of such communication.”

The ECPA prohibits the "unauthorized use, disclosure, or interception.  You must own or have  permission to review/search the electronic device and we require it. Please seek advice from an attorney prior to taking action on your own.

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