Section 14.03: Electronic Communications Privacy Act of 1986 (From Contemporary Federal Criminal Practice: Volume 2 of The Comprehensive Crime Control Act of 1984, P 682.1-682.37, 1988, B. James George, Jr. -- See NCJ-119253)

• NCJ Number: 119266
• Author(s): B J George Jr
• Date Published: 1988
• Length: 37 pages
• Sale Source: Prentice Hall Law and Business
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This section identifies the types of electronic communication devices protected under the Electronic Communications Privacy Act of 1986 in the gathering of evidence. The statute requires that court orders be obtained by Federal law enforcement agencies seeking to intercept criminal evidence by wiretapping or eavesdropping on certain communications technologies.

Abstract

The 1986 legislation requires that pen registers and tap and trace devices be included under statutory warrant authorization requirements. Also covered by the new wiretapping statute are cellular telephone communications, microwave transmissions, and other electronic communications that do not include human voice transmissions. Procedures for obtaining court orders authorizing electronic evidence gathering are discussed in detail. Electronic communications not protected from unauthorized access include those readily accessible to the general public. The new law created a new felony: interference with the operation of a communications or weather satellite. Civil and criminal penalties for unauthorized interception of protected communications are discussed in detail. 325 footnotes.