Electronic Communications Privacy Act
Electronic Communications Privacy Act
To account for advances in computer technology, the Electronic Communications Privacy Act of 1986 ("ECPA") updated existing federal prohibitions against intercepting wire and electronic communications.FN64 The ECPA also criminalizes obtaining, altering, or preventing authorized access to electronic storage.FN65 Under the ECPA, it is a crime to break into any computer system without permission or to exceed one's authorization on a computer system. Punishment ranges from $5,000 fine and six months in jail to $250,000 fine and two years in jail.FN66
Cumulative Supplement
Cases:
Temporary intermediate storage: Insurance agent's e-mail was not in "temporary, intermediate storage" at time when insurance company intercepted it on its central file server, for purposes of Electronic Communications Privacy Act (ECPA) provision defining "electronic storage" as, inter alia, temporary, intermediate storage of electronic communication incidental to electronic transmission thereof. 18 U.S.C.A. § 2510(17). Fraser v. Nationwide Mut. Ins. Co., 352 F.3d 107, 20 I.E.R. Cas. (BNA) 1207, 149 Lab. Cas. (CCH) P 59803 (3d Cir. 2003), as amended, (Jan. 20, 2004); West's Key Number Digest, Federal Civil Procedure 494.1.
Search of suspect's data on ISP servers: Search and seizure of defendant's e-mail files from server of Internet service provider (ISP) by technicians of ISP was reasonable under Fourth Amendment, since no warrant was physically served, no persons or premises were searched in traditional sense, there was no confrontation between technicians and defendant, actual physical presence of police officer would not have aided search, technical expertise of technicians far outweighed that of officers, items seized were located on property of ISP, search was authorized by judge, and officers complied with provisions of Electronic Communications Privacy Act (ECPA). U.S.C.A. Const. Amend. 4; 18 U.S.C.A. § 2701. U.S. v. Bach, 310 F.3d 1063 (8th Cir. 2002), cert. denied, 123 S. Ct. 1817, 155 L. Ed. 2d 693 (U.S. 2003); West's Key Number Digest, Telecommunications 519.1.
Purpose of Electronic Communications Privacy Act is to prevent computer "hackers" from obtaining, altering or destroying certain stored electronic communications. 18 U.S.C.A. §§ 2701 et seq. In re DoubleClick Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D. N.Y. 2001); West's Key Number Digest, Telecommunications 461.15.
Cookies: Internet advertising corporation's placement of computer programs known as "cookies" on computer hard drives of individual visitors to corporation-affiliated Web sites, for use in selecting advertisements to display to visitors, did not violate Electronic Communications Privacy Act (ECPA) even if programs' identification numbers were considered "stored electronic communications" within Act's prohibition of unauthorized access; programs were both "of" and "intended for" corporation and therefore within ECPA exception for conduct authorized by Internet access user "with respect to a communication of or intended for that user." 18 U.S.C.A. § 2701(c)(2). In re DoubleClick Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D. N.Y. 2001); West's Key Number Digest, Telecommunications 461.15.