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IT Regulatory Compliance in North America by Alan Calder

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CHAPTER 7: WORKPLACE PRIVACY

The Electronic Communications Privacy Act (‘ECPA’) 1986 is a complicated act. It makes it unlawful under certain circumstances for someone to read or disclose the contents of an electronic communication (18 USC § 2511). ECPA is also known as the Pen Register Act, because it governed the usage of pen registers, which included restrictions on private and law enforcement uses. A pen register is a device or process which records or decodes dialling, routing, addressing or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted.

Private parties were generally restricted from using pen registers unless they met one of the exceptions, which included ...

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