Electronic Communications Privacy Act, Title I (Wiretap Act)
Wiretap Act
Communications · Employees
The Wiretap Act, as expanded by ECPA in 1986, makes it a crime to intentionally intercept the contents of wire, oral, or electronic communications in transit, or to use or disclose unlawfully intercepted contents. Federal law is one-party consent: a private party may record a communication it participates in, or where one party consents, unless done for a criminal or tortious purpose. Many states require all-party consent.
- Where
- Federal
- Citation
- 18 U.S.C. 2510-2523
- Status
- In force
- In force since
- 1968-06-19
- Last amended
- 2018-03-23
- Enforced by
- U.S. Department of Justice (criminal); private civil actions
- People can sue
- Yes
- Penalties
- Criminal fines and up to 5 years in prison; civil damages of the greater of actual damages plus profits or statutory damages of the greater of $100 a day or $10,000, plus punitive damages and fees.
- Applies to
- Any person, including businesses and employers, that intercepts, uses, or discloses wire, oral, or electronic communications
- Providers of electronic communication services
Practices it requires
- Do not intentionally intercept, or procure another to intercept, any wire, oral, or electronic communication, or use or disclose its contents knowing it was unlawfully intercepted.18 U.S.C. 2511(1)
- Interception by a private party is lawful only if that party participates in the communication or one party has given prior consent, and not for a criminal or tortious purpose.18 U.S.C. 2511(2)(d)
- Providers may intercept or monitor only as needed to render service or protect their rights or property.18 U.S.C. 2511(2)(a)(i)
Other duties
- Persons whose communications are unlawfully intercepted may sue for damages.18 U.S.C. 2520
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: effective_date is the 1968 enactment of Title III (Pub. L. 90-351); ECPA's 1986 amendments took effect 90 days after Oct. 21, 1986 | Providers' service-necessity exception was cited as 2511(2)(a)(i) from the statute outline
Research reference, not legal advice.