Full Disclosure mailing list archives
ECPA Plain English 101 Employer vs. Employee
From: "J. Oquendo" <sil () infiltrated net>
Date: Wed, 06 Jun 2007 13:32:38 -0400
Cyberspace Law Institute http://www.cli.org/emailpolicy/ECPA.html /* BOTTOM LINE LEGALESE */The special limitations on disclosure of private email, in ECPA, expressly apply only to those who provide electronic communications services to the public -- and an internal system provided by an employer to employees would not be so characterized.
The ECPA also permits access to private communication with the consent of either the sender or the recipient. Employees may (have to...) agree to such access (by authorized persons) in the email policy of the company. But even if there is no agreement the ECPA only prohibits interception in real-time transmissions; email is usually (or at least can be) stored and can be accessed by the system administrator who usually will be the employer. http://www.law.duke.edu/journals/dltr/articles/2001dltr0026.html http://www.theregister.co.uk/2004/07/05/close_email_wiretap_loophole/ http://thomas.loc.gov/cgi-bin/query/z?c109:S.936: http://email.about.com/library/weekly/aa080398a.htm -- ==================================================== J. Oquendo http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x1383A743echo infiltrated.net|sed 's/^/sil@/g'
"Wise men talk because they have something to say; fools, because they have to say something." -- Plato
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