Important News About the Electronic Communications Privacy Act

by Admin on October 15, 2015

Check out this story. In it, we learn this:

“Andrew Ceresney, director of the Division of Enforcement at the Securities and Exchange Commission, [told] the Senate’s Committee on the Judiciary at a hearing on Wednesday morning that the pending Electronic Communications Privacy Act Amendments Act would impede the ability of the SEC and other civil law enforcement agencies to investigate and uncover financial fraud and other unlawful conduct. Ceresney testified that the bill, intended to modernize portions of the Electronic Communications Privacy Act which became law in 1986, would frustrate the SEC’s efforts to gather evidence, including communications such as emails, directly from an Internet services provider.”

So. Let’s talk about what’s really at issue here. We’re not talking about emails collected from companies with their own domain names and servers. If a company maintains its own emails for its own purposes, the company is not a “provider of electronic communication service” under the ECPA and those emails are subject to SEC subpoenas just like its other documents.

Read the full story at National Law Review.

American lawyers in Bangkok Chaninat and Leeds have decades of experience working in Thailand and overseas, and have wide ranging expertise.

The level of privacy we have over our electronic lives are increasingly concerning, particularly as electronic communications are becoming an increasingly significant part of people’s lifestyles. Consider ThaiLawForum’s report regarding the new Australian data retention laws, that even caused Edward Snowdon to pipe up in warning.

Also consider this Fox News report that explains:

“Under current law every email and text, every Google doc and Facebook message, every picture of our vacation and video of the office softball game is subject to government inspection without a warrant or probable cause if we’ve kept it longer than six months.”

The article argues that the American people’s fourth amendment right – the right to security from unreasonable searches and invasions of privacy – should also apply to the electronic world.

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