Brief

The Electronic Communications Privacy Act of 1986 amends title 18 of the United States Code to protect electronic communications and related matters. The act updates definitions for terms such as "aural transfer," "electronic communication service," and "wire" in section 2510 of title 18, US Code. It also provides exceptions to certain surveillance activities, including interceptions by government agencies, and adds a requirement for governmental entities to obtain court orders or administrative subpoenas to access electronic communications. The act includes provisions for backup preservation of electronic communications and delayed notice to subscribers or customers in some cases. Additionally, it clarifies the duties of wire or electronic communication service providers regarding pen registers and trap and trace devices, and establishes penalties for unauthorized use of these devices. Overall, this legislation aims to balance individual privacy with legitimate government needs and law enforcement requirements.

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Congress.gov

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