Electronic Communications Privacy Act Distinction between wire and electronic communication Title III defines “electronic communication” –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, photo- electric, or photo-optical system that affects interstate... Commerce, but does not include... any wire... communication...

Illegal for any “person” to “intentionally intercept” the “content” of any “wire... or electronic communication” and to disclose or use any illegally intercepted communication Violation of Title III is a felony—punishable by 5 years in prison Private right of action also possible—damages, punitive damages, attorney fees No exclusionary rule for illegally intercepted electronic communication

Electronic communication includes and internet use Electronic communication does not include communication in electronic storage –Eliminates usefulness of Title III for — unlike voice mail

Workplace exceptions Consent –A party to the communication may give prior consent, even if the other party is unaware Ordinary course of business