Go to:
Discussion
Online Doc
File
Poll
Event
Meeting Request
Picture

ECPA revisited in congressional lame duck session?

Heads up:  Electronic Communications Privacy Act (ECPA) and the congressional lame duck session....

We have heard that it is more than likely that Senator Leahy will bring up ECPA during the Congressional lame duck session in mid-November.  We are waiting to see just what provisions are being changed.  Will keep you all up-to-date as we hear more, although likely we won't hear much until after the November elections. 

More information on ECPA in THOMAS.GOV is at:

http://thomas.loc.gov/cgi-bin/bdquery/D?d112:1:./temp/~bdKphb:@@@L&summ2=m&|/home/LegislativeData.php|

And from Wikipedia:

Electronic Communications Privacy Act of 1986 (ECPA, Pub.L. 99-508, 100 Stat. 1848, enacted October 21, 1986, codified at 18 U.S.C. §§ 25102522) was enacted by the United States Congress to extend government restrictions on wire taps  from telephone calls to include transmissions of electronic data by computer. Specifically, ECPA was an amendment to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the Wiretap Statute), which was primarily designed to prevent unauthorized government access to private electronic communications.

The ECPA also added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act,18  U.S.C. §§ 2701-12. The ECPA also included so-called pen/trap provisions  that permit the tracing of telephone communications. §§ 3121-27. Later,  the ECPA was amended, and weakened to some extent, by some provisions of the USA PATRIOT Act. In addition, Section 2709 of the Act, which allowed the FBI to issue National Security Letters (NSLs) to Internet service providers (ISPs) ordering them to disclose records about their customers, was ruled unconstitutional under the First and Fourth Amendments in ACLU v. Ashcroft (2004). It is thought that this could be applied to other uses of National Security Letters.