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Electronic Communications Privacy Act

Electronic Communications Privacy Act of 1986
Great Seal of the United States
Long title An Act to amend title 18, United States Code, with respect to the interception of certain communications, other forms of surveillance, and for other purposes.
Acronyms (colloquial) ECPA
Enacted by the 99th United States Congress
Effective October 21, 1986
Citations
Public law Pub.L. 99–508
Statutes at Large 100 Stat. 1848
Codification
Acts amended Omnibus Crime Control and Safe Streets Act of 1968
Titles amended 18
Legislative history
  • Introduced in the House as H.R. 4952 by Robert Kastenmeier (DWI) on June 5, 1986
  • Committee consideration by Judiciary
  • Passed the House on June 23, 1986 (Voice Vote)
  • Passed the Senate on October 1, 1986 (Voice Vote) with amendment
  • House agreed to Senate amendment on October 2, 1986 (Unanimous Consent)
  • Signed into law by President Ronald Reagan on October 21, 1986
Major amendments
Communications Assistance for Law Enforcement Act
USA PATRIOT Act
FISA Amendments Act

The Electronic Communications Privacy Act of 1986 (ECPA) 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 (18 U.S.C. § 2510 et seq.), added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act (SCA, 18 U.S.C. § 2701 et seq.), and added so-called pen trap provisions that permit the tracing of telephone communications (18 U.S.C. § 3121 et seq.). 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 has been amended by the Communications Assistance for Law Enforcement Act (CALEA) of 1994, the USA PATRIOT Act (2001), the USA PATRIOT reauthorization acts (2006), and the FISA Amendments Act (2008).

"Electronic communications" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but excludes the following:


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