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Judge Sporkin held that the officer's likely success on the merits of his claims that the Navy violated the "Don't Ask, Don't Tell, Don't Pursue" policy in obtaining the subscriber information from AOL and that they violated his right to privacy under the ECPA supported the injunction.
While the ECPA clearly covers electronic mail, it does not adequately define what an employer may and may not do in monitoring employee e-mail.
limit electronic surveillance as necessary to preserve the "business use" exception of the ECPA
132) But in the SCA, and the ECPA as a whole, it is far
at 688, Judge Ware "note[d] that the ECPA [did] not bar the Government's request.
There is a large and well-developed body of case law under the ECPA and the Omnibus Crime Control and Safe Streets Act of 1968.
A company is not liable under the ECPA if it qualifies as a system provider and the monitoring is carried out in the ordinary course of business necessary to the performance of the service or to protect the rights or property of the service provider.
The legislative history of the ECPA illustrates that representatives of the industry lobbied Congress heavily in order to place cellular transmissions within the scope of the Wiretap Act's protections.
ECPA reform does have an effect on presidential candidate choice.
communications, but ECPA extended those protections to electronic
The Senior Fellows wrote to the Pope in their capacity as private individuals and not on behalf of ECPA or the U.
surveillance framework, which tracks the ECPA, pointing out weaknesses
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