Omnibus Crime Control and Safe Streets Act of 1968
10 July 2006Omnibus Crime Control and Safe Streets Act of 1968
Title III- The Wiretap Act
(as amended by the Electronic Communications Privacy Act of 1986), 18 U.S.C. §§2510 to 2701 et seq.
Coverage and Prohibition: This law generally prohibits the intentional interception or accessing of any wire, oral, or electronic communication during actual transmission. However, employers may monitor such communications with the employee’s prior consent or under the “business extension” exception. The business extension exception allows employers, in the ordinary course of business, to intercept communications using equipment approved by the Act so long as the employer can show a normal business-related reason for doing so. The Electronic Communications Privacy Act amended the Wiretap Act’s definition of electronic communication specifically to include e-mail, digitized transmissions, and video teleconferences and to permit the person or entity that provides an electronic communication service to access the communication while it is in electronic storage and without obtaining consent.
Enforcement: The Act is enforced by the Department of Justice. The U.S. Attorney General may bring suit in federal court for an injunction against any person violating or about to violate the Act. Persons whose communications are intercepted, disclosed, or intentionally used in violation of the Act may bring a civil action
Remedies: In an action brought by the Attorney General, violators may be fined under federal law, imprisoned for not more than five years, or both. In addition, mandatory civil penalties of not less than $500 will be assessed against repeat offenders or persons who violate an injunction. Private complainants may recover an appropriate injunction, compensatory damages of not less than $100 a day for each day of violation up to $10,000, and punitive damages.
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