Electronic Communications Privacy Act of 1986

Citation: Electronic Communications Privacy Act of 1986, 18 U.S.C. §§2510-22, 2701-11, 3121-26.

The Electronic Communications Privacy Act of 1986 (ECPA) added “electronic communications” to the federal wiretap statute. It outlaws electronic surveillance, possession of [electronic surveillance equipment, and use of information secured through electronic surveillance. The ECPA regulates stored wire and electronic communications (such as voice mail or electronic mail), transactional records access, pen registers, and trap and trace devices. The ECPA prohibits unauthorized access to stored electronic communications and prohibits the ‘provider of an electronic communication service’ from disclosing the contents of a communication it stores or transmits. The ECPA also limits a provider’s disclosure of transactional data to the government, but not to private parties.