Electronic Communications Privacy Act: Addressing Today's Technology, Part II

• NCJ Number: 110278
• Journal: FBI Law Enforcement Bulletin Volume: 57 Issue: 3 Dated: (March 1988) Pages: 26-30
• Author(s): R A Fiatal
• Date Published: 1988
• Length: 5 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This article explains provisions of the Federal Electronic Communications Privacy Act (ECPA) which now require law enforcement officers to obtain extraordinary, or wiretap-type, orders when planning to intercept electronic communications nonconsensually.

Abstract

Under the ECPA, an electronic communication includes any type of communication transmitted by some electronic means, unless it involves the transmission, at least in part, of a human voice, which would then be a wire communication. Such a definition of electronic communication encompasses written messages, documents, and photographs transmitted by telegraph and facsimile-type communications services. It also includes terminal-to-terminal computer messages and numerically coded messages transmitted to digital display paging devices. The ECPA specifies six types of communications not requiring a wiretap-type order for interception. They are publicly accessible radio communications, tracking devices, the radio portion of cordless telephones, tone-only paging devices, and pen registers and trap and trace devices.