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41 Fed. Comm. L.J. 17 (1988-1989)
ECPA and Online Computer Privacy

handle is hein.journals/fedcom41 and id is 25 raw text is: ECPA and Online Computer Privacy Ruel Torres Hernandez* CONTENTS INTRODUCTION .......................................... 17 I. THE COMPUTER COMMUNICATIONS ENVIRONMENT 19 II. INITIAL CRIMINAL PROCEDURE COiFLICT ........ 24 III. INADEQUACY OF OLD LAW ........................ 25 A. Pre-ECPA Case Law ........................... 25 B. Old Federal Wiretap Statutes .................. 27 IV. ECPA-THE NEW LAW .......................... 29 A. Systems Covered ............................... 30 B. Escaping Coverage ............................. 31 V. ECPA AND THOMPSON V. PREDAINA ............... 33 A. Federal Civil Claims ........................... 34 B. Judicial Application of ECPA .................. 36 VI. ECPA AND CORPORATE SYSTEMS ................. 37 A. The Cracker Situation ......................... 37 B. The Corporate Big Brother Situation ........... 39 CONCLUSION ............................................ 41 INTRODUCTION During the ninety-ninth term of Congress, legislation was introduced which sought to provide federal statutory guidelines to protect the privacy of electronic communications, including electronic mail (e-mail), found on commercial computer-based services and on other remote computer systems. Ultimately, this legislation was enacted as the Electronic Communications Pri- vacy Act of 1986 (ECPA). Before enactment of ECPA, federal law did not provide any guidelines for protecting technologically advanced forms of communication. Case law also failed to pro- * B.A. University of California at San Diego, 1984; M.A. San Diego State Uni- versity, 1987; J.D. California Western School of Law, 1988.

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