For example, if the government wants
to listen in on phone calls, Internet communication, e-mail, network traffic, or you whispering
into a tin can, it can do so if it complies with safeguards established under the
ECPA that are intended to protect the privacy of persons who use those systems.
Many of the cases under the ECPA have arisen in the context of parties accessing
websites and communications in violation of posted terms and conditions or otherwise
without authorization. It is very important for information security professionals and
businesses to be clear about the scope of authorized access that is intended to be provided
to various parties to avoid these issues.
Interesting Application of ECPA
Many people understand that as they go from site to site on the Internet, their browsing
and buying habits are being collected and stored as small text files on their hard drives.
These files are called cookies. Suppose you go to a website that uses cookies, looking for a
new pink sweater for your dog because she has put on 20 pounds and outgrown her old
one, and your shopping activities are stored in a cookie on your hard drive. When you
come back to that same website, magically all of the merchant??™s pink dog attire is shown
to you because the web server obtained that earlier cookie from your system, which indicated
your prior activity on the site, from which the business derives what it hopes are
your preferences.
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