Cyber Law: Software and Computer Networks (Intellectual Property Law Series)
Book Details
Author(s)LandMark Publications
PublisherLandMark Publications
ISBN / ASINB00RW9JVFW
ISBN-13978B00RW9JVF3
Sales Rank1,773,805
MarketplaceUnited States 🇺🇸
Description
THIS CASEBOOK contains a selection of 24 U. S. Court of Appeals decisions that analyze and discuss issues involving the internet and computer networks. The selection of decisions spans from 2011 to the date of publication.
Before ECPA, [Electronic Communications Privacy Act of 1986] the chief statutory protection for communications was the Wiretap Act, enacted in 1968, which regulated only the "aural acquisition of the contents of any wire or oral communication," 18 U.S.C. § 2510(4) (1970). In 1986, Congress enacted ECPA to update statutory privacy protections that had failed to keep pace with the technological developments in the 17 years since the Wiretap Act was enacted. (Citiations omitted.) In re Zynga Privacy Litigation, 750 F. 3d 1098 (9th Cir. 2014)
ECPA focused on two types of computer services that were prominent in the late 1980s: electronic communications services (e.g., the transfer of electronic messages, such as email, between computer users) and remote computing services (e.g., the provision of offsite computer storage or processing of data and files).
Title I of ECPA amended the existing Wiretap Act. [T]he amended Wiretap Act provides that (with certain exceptions), "a person or entity" (1) "providing an electronic communication service to the public" (2) "shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof)" (3) "while in transmission on that service" (4) "to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient." 18 U.S.C. § 2511(3)(a). The "contents" of a communication are defined as "any information concerning the substance, purport, or meaning of that communication." Id. § 2510(8). Even if a disclosure is otherwise prohibited by § 2511(3)(a), an electronic communications service provider can reveal the contents of communications transmitted on its service "with the lawful consent of the originator or any addressee or intended recipient of such communication." Id. § 2511(3)(b)(ii). In re Zynga Privacy Litigation, ibid.
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Before ECPA, [Electronic Communications Privacy Act of 1986] the chief statutory protection for communications was the Wiretap Act, enacted in 1968, which regulated only the "aural acquisition of the contents of any wire or oral communication," 18 U.S.C. § 2510(4) (1970). In 1986, Congress enacted ECPA to update statutory privacy protections that had failed to keep pace with the technological developments in the 17 years since the Wiretap Act was enacted. (Citiations omitted.) In re Zynga Privacy Litigation, 750 F. 3d 1098 (9th Cir. 2014)
ECPA focused on two types of computer services that were prominent in the late 1980s: electronic communications services (e.g., the transfer of electronic messages, such as email, between computer users) and remote computing services (e.g., the provision of offsite computer storage or processing of data and files).
Title I of ECPA amended the existing Wiretap Act. [T]he amended Wiretap Act provides that (with certain exceptions), "a person or entity" (1) "providing an electronic communication service to the public" (2) "shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof)" (3) "while in transmission on that service" (4) "to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient." 18 U.S.C. § 2511(3)(a). The "contents" of a communication are defined as "any information concerning the substance, purport, or meaning of that communication." Id. § 2510(8). Even if a disclosure is otherwise prohibited by § 2511(3)(a), an electronic communications service provider can reveal the contents of communications transmitted on its service "with the lawful consent of the originator or any addressee or intended recipient of such communication." Id. § 2511(3)(b)(ii). In re Zynga Privacy Litigation, ibid.
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