The Electronic Communications Privacy Act of 1986 protects people’s privacy when using electronic communication. It is illegal to use electronic communication to convict someone without a warrant. The act has undergone minor changes since the Patriot Act, and the Supreme Court ruled that President George W. Bush violated it by ordering recordings without a warrant. Some believe he was right to do so for national security, while others think it should be grounds for impeachment.
The Electronic Communications Privacy Act is a law enacted by the United States Congress in 1986 which establishes the provisions on the privacy rights of people when they use telephones, computers, cell phones or other electrical transmission means of communication such as faxes or text messages. In 1986, the provisions did not include some of the new forms of communication developed since then. Yet these forms of communication, such as text messaging, are still covered by law.
Essentially, the Electronic Communications Privacy Act holds that it is illegal to use any form of electronic communication to convict or accuse someone of a crime without obtaining a prior search warrant. It is also illegal to listen to communications to obtain a search warrant or to disrupt broadcasts. Doing so is considered illegal search and seizure.
For example, the police cannot use a recorded telephone conversation with a suspect without first notifying the suspect of the recording. In most cases, unless a valid warrant has been obtained, if the person does not agree to be recorded, the material captured from the conversation cannot be used. A private citizen who records another person’s conversation without her consent also cannot be presented as evidence, in many cases, although it can be used to establish the right to obtain warrants.
The Electronic Communications Privacy Act has undergone some minor changes since the establishment of the Patriot Act after September 11, 2001. In most cases, however, the act prohibits the government from listening to private citizens’ conversations after obtaining a mandate.
This legislation received further attention because the Supreme Court ruled that President George W. Bush violated the act by ordering the recording of conversations without first obtaining a warrant. Violation is a criminal offense, but most Democrats admit that their failure to control the House and Senate will likely mean there wouldn’t be enough votes to impeach Bush.
Others believe that while the president has violated the Electronic Communications Privacy Act, he was right to do so in the interest of protecting the nation from possible terrorist activity. This is a considerable topic at the moment, one that is not entirely biased. Some Republicans felt this violation should be grounds for impeachment and some Democrats believe it shouldn’t.
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