The Electronic Communications Privacy Act or ECPA is a US federal law enacted in 1986. It prevents US investigative agencies, such as the police, FBI or NSA, from intercepting emails or read when temporarily stored on temporary storage devices, but only for a limited period of 180 days.
ExpertGeek explains the Electronic Communications Privacy Act (ECPA)
After this period, they can be consulted by the agency, and before that, they can only be consulted by first obtaining a mandate. While the reason cannot be stated with certainty, the ECPA suffers from a major oversight: it does not apply to emails permanently stored in archives. It is suspected that this happened due to a lack of technical knowledge on the part of the legislators, which led them to omit this circumstance from the legislation. This “oversight” creates an easily exploitable flaw.
In fact, this loophole has been tapped once before, practically immediately after the enactment of the law. Investigators used it to gain access to emails from Lt. Col. Oliver North to other White House officials involved in the Iran-Contra scandal, which occurred exactly when the law was enacted, between 1985 and 1987. The information released the light showed a great deal of relevant information. and previously secret details – it was by far the biggest email scandal in the US government at the time.
Common uses of the Electronic Communications Personal Information Protection Act (ECPA)
- Almost from its enactment, a loophole in the ECPA was exploited to access the emails of a military agent.
- ECPA offers limited protection to individuals against having their emails read by investigative agencies, but only for a limited time.
- ECPA coverage is limited to 180 days and also only to intermediate storage devices, rather than permanent devices.
Electronic Communications Privacy Common Act (ECPA) Abuse Act
- ECPA is a data protection law.