Electronic Communication Privacy Act

In recent years, the use of electronic communication media by both individuals and businesses has increased dramatically. When people communicate through electronic media, the data can be acquired and misused by unauthorized people. Hackers may try to manipulate or destroy data on target systems. Therefore, some laws have been formed to protect the privacy of people relying on cyberspace for communication.

In the US, the Electronic Communication Privacy Act has the following provisions: If a person intercepts (acquires the content of electronic communication by means of any device) or attempts to intercept or induces others to intercept he is liable for punishment. A person should not disclose or attempt to disclose to others the content of communication that is obtained by interception. The person who violates the rules is subjected to a minimum penalty of $500.

If the interception or disclosure of information obtained by interception affects interstate or foreign commerce, it could attract severe punishment. However if the person is an employee or agent of a provider of electronic communication service, and use the facility as a part of his employment for service quality control checks, it is not considered illegal. If the person is found misusing the facility for purposes other than routine checks, he may be convicted.

If the person is authorized by the law to intercept wire, oral or electronic communications for defense purposes, he is excluded from the punishment under the Act.

The manufacturing, distribution, possession and advertising of wire, oral or electronic communication. intercepting devices are also prohibited under the Act. If a person assembles, or advertises or sells or transports in interstate or foreign commerce or intentionally sends through mail any such (interception) device, knowing or having reason to know that the device could be used for illegal purposes, the person is subjected to a penalty of $ 10,000 and/or five years of imprisonment.

Any electronic, mechanical or other device used, sent, transported, manufactured, assembled, possessed, sold or advertised in violation of the Act may be seized by the designated officials and forfeited after the trial in the court.

The information derived from intercepted wire or oral communications in violation of the Act cannot be used as evidence in proceedings before court, regulatory bodies, legislative committees or other legal and government departments.

The officials (like Attorney General, Assistant Attorney General or investigative and law enforcement officers) authorized by the court to use interception devices and disclose the information for the investigation of certain criminal cases are excluded from punishment.

If the officers want to use interception devices in cases other than those approved by the court, they need to apply in writing to the concerned judge stating their identity and the purpose for which they would like to use the device and the justification for the same. They can use the device only after they obtain the written consent of the judges to their proposal.

Within thirty days after the written application is received from the officials requesting approval from judge for interception, the judge has to report to the Administrative office of the US courts, the details of the application and their decision (approved or approved under certain conditions or denied).

A person whose wire, oral or electronic communication is intercepted or used or disclosed may recover appropriate relief from the violator. He can collect attorney's fee and other litigation costs and charge expenses for the damages caused.

The Attorney General may initiate a civil action in a district court on any person if he is engaged or about to engage in violating the Act.

The Act also provides for punishment for offenses such as unauthorized access to stored communications or disclosure of contents to others.

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