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5 Comm. Law. 1 (1987)

handle is hein.journals/comlaw5 and id is 1 raw text is: Communications Publication of the Forum Committee f l on Communications Law American Bar Association Volume 5, Number 1, Winter 1987 Wi g Communications Privacy BY THE HONORABLE ROBERT W. KASTENMEIER* When the Electronic Communica- tions Privacy Act, Public Law 99- 508, took effect on January 20, 1987 our country took a giant step into the twenty-first century by affording adequate protection for users of modern telecommunications. The new law creates statutory protec- tions against unauthorized private and governmental access to elec- tronic mail, satellite transmissions, and computer communications. This article will assess what Congress perceived as the need for legislation, describe the legislative process, and finally, summarize the new law. Introduction The Fourth Amendment of the Constitution acts to guard against the arbitrary use of government power by protecting houses, pa- pers and effects. During the inter- vening two centuries, new communication techniques and surveillance devices have in- creased the opportunity for such intrusions. Until recently, legal protection against the unreason- able use of such surveillance tech- niques has not kept pace with technology. When Congress passed the Electronic Communications Privacy Act, it cured the existing deficiencies and set a guide for fu- ture conduct. Background When Congress enacted Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which has come to be known as the Wiretap Act, it addressed the problem of electronic surveillance in a com- prehensive fashion. That legisla- tion protected two common types of communication-telephone conversations and face-to-face oral communications-against elec- tronic eavesdropping. Specifically, Continued on page 20

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