Electronic Communication Privacy Act Issues Checklist


This is a high-level checklist for examining issues involving the Electronic Communication Privacy Act of 1986 (ECPA), which contains two main components, the Wiretap Act, 18 U.S.C. § 2510 et seq., and the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq. The Wiretap Act generally governs when communications (whether electronic, oral, or wire) are “intercept[ed],” while the Stored Communications Act governs access to electronic communications that are “in electronic storage.”