The ECPA is known informally as, “The Wiretap Act”, and many states have similar statutes. The Act amended Title 18, United States Code, with respect to the interception of certain communications, other forms of surveillance, and for other purposes. Plus, at 18 USC 2520(a)-(b), the Act provides for a private right of action with equitable relief, punitive damages, attorney fees and costs.
The ECPA was enacted as United States Public Law 99-508, on October 21, 1986; compiled at 100 Stat. 1848-1873; and codified as shown below;
§1 Short Title. This Act may be cited as the “Electronic Communications Privacy Act of 1986.”
Title I—Interception of Communications and Related Matters, Sec. 101-111;
SEC. 101. FEDERAL PENALTIES FOR THE INTERCEPTION OF COMMUNICATIONS
Sec. 101(a) amends 18 USC §2510 and subsections;
Title II—Stored Wire and Electronic Communications and Transactional Records Access
SEC. 201. TITLE 18 AMENDMENT. Title 18, United States Code, is amended by inserting after chapter 119 the following:
CHAPTER 121—STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
§2701 – Unlawful access to stored communications.
§2702 – Disclosure of contents.
§2703 – Requirements for governmental access.
§2704 – Backup preservation.
§2705 – Delayed notice.
§2706 – Cost reimbursement.
§2707 – Civil action.
§2708 – Exclusivity of remedies.
§2709 – Counterintelligence access to telephone toll and transactional records.
§2710 – Wrongful disclosure of video tape rental or sale records.
§2711 – Definitions for chapter.
§2712 – Civil actions against the United States.
§2713 – Required preservation and disclosure of communications and records.
Title III – Pen Registers and Trap and Trace Devices
SEC. 301. TITLE 18 AMENDMENT. (a) IN GENERAL.—Title 18 of the United States Code is amended by inserting after chapter 205 the following new chapter:
CHAPTER 206—PEN REGISTERS AND TRAP AND TRACE DEVICES
§3121. General prohibition on pen register and trap and trace device use; exception.
§3122. Application for an order for a pen register or a trap and trace device.
§3123. Issuance of an order for a pen register or a trap or trace device.
§3124. Assistance in installation and use of a pen register or a trap and trace device.
§3125. Reports concerning pen registers and trap and trace devices.
§3126. Definitions for chapter.
SEC. 303. INTERFERENCE WITH THE OPERATION OF A SATELLITE.
(a) OFFENSE.—Chapter 65 of title 18, §1367, United States Code, is amended by inserting at the end the following:
18 USC 1367. “§ 1367. Interference with the operation of a satellite * “(a) Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both. “(h) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or of an intelligence agency of the United States.”
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