Excerpts from the Electronic Communications Privacy
Act of 1986 (ECPA)
Section 2510. Definitions
As used in this
chapter - (4) "intercept" means the aural or other acquisition of the
contents of any wire, electronic or oral communication through the use of any
electronic, mechanical or other device; (8) "contents", when used with
respect to any wire, electronic or oral communication, includes any information
concerning the substance, purport or meaning of the communication; (12)
"electronic communication" means any transfer of ... intelligence of any
transmitted in whole or in part by a ... radio ... system that affects
interstate or foreign commerce, but does not include - any wire or oral
communication; any communication made through a tone-only paging device; or
any communication from a tracking device...; (16) "readily accessible to
the general public" means, with respect to a radio communication, that such
communication is not - scrambled or encrypted; transmitted using
modulation techniques whose essential parameters have been withheld from the
public with the intention of preserving the privacy of such communication;
carried on a subcarrier or other signal subsidiary to a radio transmission;
transmitted on frequencies allocated under part 25, subpart D, E, or F of
part 74, or part 94 of the Rules of the [FCC], unless, in the case of a
communication transmitted on a frequency allocated under part 74 that is not
exclusively allocated to broadcast auxiliary services, the communication is a
two-way voice communication by radio; Section 2511. Interception and disclosure
of wire, oral, or electronic communications prohibited
Except as
otherwise specifically provided in this chapter any person who -
intentionally intercepts ... any wire oral or electronic communication;
intentionally uses ... any electronic, mechanical or other device to
intercept any oral communication when
(ii) such device transmits
communications by radio, or interferes with the transmission of such
communication;
intentionally discloses ... the contents of any wire,
oral or electronic communication ...; or intentially uses ... the contents
of any wire, oral or electronic communication ...; shall be punished as provided
in subsection (4) or shall be subject to suit as provided in subsection (5).
(g) It shall not be unlawful under this chapter or chapter 121 of
this title for any person - (i) to intercept or access any electronic
communication made through an electronic communication system that is configured
so that such electronic communication is readily accessible to the general
public;
(ii) to intercept any radio communication that is transmitted
- by any station for the use of the general public, or that relates to ships,
aircraft, vehicles, or persons in distress; by any governmental, law
enforcement, civil defense, private land mobile, or public safety communications
system, including police and fire, readily accessible to the general public;
by any station operating on an authorized frequency within the bands
allocated to the amateur, citizens band, or general mobile radio services; or
by any marine or aeronautical communications system;
(iv) to
intercept any wire or electronic communication the transmission of which is
causing harmful interference to any lawfully operating station or consumer
electronic equipment, to the extent necessary to identify the source of such
interference; or
(v) for other users of the same frequency to intercept
any radio communication made through a system that utilizes frequencies
monitored by individuals engaged in the provision or the use of such system, if
such communication is not scrambled or encrypted.
(Paragraph (4)(b)(ii)
is where ECPA specifically mentions cellular and cordless telephones, public
land mobile radio system and paging services as being prohibited from
monitoring, subject to a $500 fine.)
Section 2512. Manufacture,
distribution, possession, and advertising of wire, oral or electronic
communication intercepting devices prohibited
(1) ... any person who
intentionally -
(b) manufactures, assembles, possesses, or sells any
electronic, mechanical, or other device, knowing or having reason to know that
the design of such device renders it primarily useful for the purpose of
surreptitious interception of wire, oral, or electronic communications
...
shall be fined not more than $10,000 or imprisoned not more than five
years, or both.
Section 2513. Confiscation of wire, oral, or electronic
communication intercepting devices
Any electronic, mechanical, or other
device used, sent, carried, manufactured, assembled, possessed, sold, or
advertised in violation of section 2511 or section 2512 of this chapter may be
seized and forfeited to the United States.
Section 2520. Recovery of
civil damages authorized
(this section spells out that victims of ECPA
violations may sue for damages and legal fees) Back to home page
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