Electronic mail,privacy, and the electronic communications privacy act of 1986: Technology in search of law |
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| Authors: | Jan H Samoriski John L Huffman Denise M Trauth |
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| Institution: | 1. Ph.D. Candidate in the School of Mass Communication , Bowling Green State University;2. Professor of Communication Studies in the Communication Studies Program , University of North Carolina , Charlotte;3. Associate Vice Chancellor for Graduate Programs and Dean of the Graduate School and Professor of Communication Studies , University of North Carolina , Charlotte |
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| Abstract: | This article is an examination of electronic privacy, specifically as it relates to e‐mail and related communication issues in the computer environment. Since the passage of the Electronic Communications Privacy Act of 1986 (U.S. C. 18, §§ 2510–2711), there have been questions raised as to whether the Act goes far enough in protecting privacy. The article attempts to clarify the status of e‐mail privacy under the ECPA. It examines current law and the paucity of definitive case law that until now has left the ECPA untested. A review of cases and literature suggests there is a gap in the existing ECPA that allows for potentially abusive electronic monitoring and interception of e‐mail, particularly in the workplace. “Electronic Mail, Privacy, and the Electronic Communications Privacy Act of 1986: Technology in Search of Law.”; |
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