Doing some research on existing laws and ran across this snippet concerning the ECPA and amendments made in 1986-87. Can someone with more legalese comment on whether this has again been amended or changed? How does this relate to LEA's selectively wiretapping private e-mail and other electronic communications? Or does it? 8<----- Begain forwarded text ------------ On October 21, 1986, President Reagan signed the new Electronic Communications Privacy Act of 1986 amending the federal wiretap law. ECPA went into effect during the beginning of 1987. (P.L. 99-508, Title I, sec. 111, 100 Stat. 1859; P.L. 99-508, Title II, sec. 202, 100 Stat. 1868.) ECPA created parallel privacy protection against both interception of electronic communications while in transmission and unauthorized access to electronic communications stored on a system. The new ECPA first provides privacy protection for any 'electronic communication' ... [by] 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...." (18 U.S.C. secs. 2510(12), 2511.) The Senate Report noted examples of electronic communications to include non-voice communications such as "electronic mail, digitized transmissions, and video teleconferences." (S. Rep. No. 541, 99th Cong., 2d Sess. 14 reprinted_in 1986 U.S. Code Cong. & Ad. News 3568.) Electronic communication is defined in terms of how it is transmitted. So long as the means by which a communication is transmitted affects interstate or foreign commerce, the communication is covered ECPA. (18 U.S.C. sec. 2510(12).) Generally, that would include all telephonic means including private networks and intra-company communications. (S. Rep. No. 541, 99th Cong., 2d Sess. 12 reprinted_in 1986 U.S. Code Cong. & Ad. News 3566.) Second, ECPA protects the electronic communication when it has been stored after transmission, such as e-mail left on an electronic computer communication system for later pickup by its intended recipient. (18 U.S.C. sec. 2510(17).) The legislation makes it a federal criminal offense to break into any electronic system holding private communications or to exceed authorized access to alter or obtain the stored communications. (18 U.S.C. sec. 2701(a).) The legislation would protect electronic computer communication systems from law enforcement invasion of user e-mail without a court order. (18 U.S.C. secs. 2517, 2518, 2703.) Although the burden of preventing disclosure of the e-mail is placed on the subscriber or user of the system, the government must give him fourteen days notice to allow him to file a motion to quash a subpoena or to vacate a court order seeking disclosure of his computer material. (18 U.S.C. sec. 2704(b).) However, the government may give delayed notice where there are exigent circumstances as listed by the Act (18 U.S.C. sec. 2705.) Recognizing the easy user destruction of computer data, ECPA allows the government to include in its subpoena or court order the requirement that the provider or operator retain a backup copy of electronic communications when there is risk of user destruction. (18 U.S.C. sec. 2704(a).) The legislation gives a civil cause of action to the provider or operator, subscriber, customer or user of the system aggrieved by an invasion of an electronic communication in the system in violation of the ECPA. (18 U.S.C. secs. 2520, 2707.) If the provider or operator has to disclose information stored on his system due to a court order, warrant, subpoena, or certification under ECPA, no cause of action can be brought against him by the person aggrieved by such disclosure. (18 U.S.C. sec. 2703(e); see_also 18 U.S.C. secs. 2701(c), 2702(b), 2511(2)(a)(i), 2511(3)(b)(iii) where the systems operator or provider is not held criminally liable, may observe a private communication while performing employment duties or according to authorization, etc., may intercept private communication while making quality control checks or during the course of forwarding communications to another system.) 8<----- End of forwarded text --------- Paul Ferguson | Uncle Sam wants to read Network Integrator | your e-mail... Centreville, Virginia USA | Just say "NO" to the Clipper fergp@sytex.com | Chip... -------------------------------+------------------------------ I love my country, but I fear it's government.