Electronic Communication Privacy Act (ECPA)
Information Obtained
- Basic Subscriber Information - Records or logs pertaining to a subscriber - Contents of communications
2703(d) Order with prior notice
- Investigators can obtain everything in an account except for unopened email or voicemail stored with a provider for 180 days or less
Search Warrant
- Investigators can obtain the full contents of an account with a search warrant - ECPA doesn't require the government to notify the customer when it obtains information from a provider using a search warrant
Subpoena
- Investigators can subpoena basic subscriber information
Subpoena with prior notice to service user
- Investigators can subpoena opened email from a provider if they comply with the notice provision required by the ECPA - Provisions satisfied by giving the customer prior notice of the disclosure - Notice can be delayed for 90 days if reason to believe that notification of subpoena will have adverse result (jeopardizing investigation/endanger someone)
Basic Subscriber Information
- Name - Address - Local and long distance telephone toll billing records - Length of service and types of service
2703(d) Order
- Needed to obtain most account logs and most transactional records - Needed for all relavent records (excepts contents of communications) held obtained with a 2703(d) order
ECPA
- Regulates how the government can obtain stored account information from network service providers such as ISP's - Whenever officers seek stored email, account records, or subscriber information from a network service provider, they must comply with the ECPA
Five instruments needed to obtain such information
- Subpoena - Subpoena with prior notice to service user - 2703 (d) Order - 2703 (d) order with prior notice to service user - Search warrant
Records or logs pertaining to a subscriber
- The contents of any relevant logs - All basic subscriber information - Cell site data for calls made - Destinations of outgoing email - Any other non-content records
