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This is a high-level checklist for examining issues involving the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., which comprises one of the major components of the Electronic Communication Privacy Act (ECPA). The other major component of the ECPA is the Wiretap Act, 18 U.S.C. § 2510 et seq. The Wiretap Act generally governs when communications (whether electronic, oral, or wire) are “intercept[ed],” while the Stored Communications Act governs access to electronic communications that are “in electronic storage.”
Keep in mind the variety of ways in which SCA issues may arise:
Determine the relevant SCA rules for the particular technology involved. Different SCA rules apply depending on whether technology is classified as “electronic communication services” (ECS), “remote computing services” (RCS), both, or neither.
If the technology is an electronic communications service, consider whether the communications involved were in electronic storage.
Consider the following types of potential liability under the SCA:
The following laws may also be applicable:
Checklist provided by Michael E. Lackey and Oral D. Pottinger at Mayer Brown LLP
To find this article in Lexis Practice Advisor, follow this research path:
RESEARCH PATH: Labor & Employment > Employment Policies > Company Property and Electronic Information > Checklists
For more information on the Wiretap Act and the SCA, see
> ELECTRONIC COMMUNICATIONS PRIVACY ACT: KEY ISSUES
RESEARCH PATH: Labor & Employment > Employment Policies > Company Property and Electronic Information > Practice Notes
For more information on the ECPA, see
> ELECTRONIC COMMUNICATION PRIVACY ACT ISSUES CHECKLIST