Pros And Cons Of The Electronic Communication Act Of 1986

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The first major provision of the Electronic Communication Privacy Act of 1986 prohibits the interception of wire, oral, and electronic communication. These prohibitions protect against communication in transit and against both government and private intrusion into electronic communication. Even though these prohibitions are set by the Electronic Communication Act there are exceptions at which an employer may lawfully intercept electronic communication such as email. It may seem that the ECPA would protect workers from many types of electronic monitoring, which includes email interceptions. The law is not concise with acknowledging the work place, plus it contains some exceptions that courts will determine excluding employee protection. ( Kesean,2002) Title I, of the ECPA contains the provider exception. The provider exceptions allows officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any…show more content…
As defined by the ECPA , electronic storage means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and any storage of such communication by an electronic communication service for purposes of backup protection of such communication.( 18 USC 2510,2015) . In the Title II provision, Congress addressed the problem of unauthorized access and tampering of private electronic communications (email) held by service provider by prohibiting the improper and intentional access of facilities in which electronic or wire communications are stored(Albuerne, 2001 ). This primarily refers to emails that are not in
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