Privacy Law Library

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.