How to Protect Your Legal Rights Regarding Intercepted Communications

For the most part, electronic and digital communications providers strive to protect the legal privacy rights of their subscribers. However, email and cell-phone communications are not entirely private, and there is still a fair amount of risk that your communications may be intercepted. That's why you should know how to protect your legal rights regarding intercepted communications.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Computer with Internet access

Understand Your Rights

1. Read and understand the guidelines set forth by the Electronic Communications Privacy Act (ECPA), which governs access and disclosure of communications generated by wire, radio, digital or other means (see Resources below).

2. Understand that the ECPA requires that certain protocols be met in order for your communications to be legally intercepted. These are detailed in the text of the act.

3. Refer to an advocacy organization for assistance in asserting your legal rights if you believe that your communications are being intercepted without warranted cause (see Resources below).

Prevent Your Communications From Being Intercepted

4. Exercise caution when using wireless services, such as cell phones. Communications from these devices can be picked up by radio scanners.

5. Be aware that email communications, text messages and other types of information stored in a cell phone or computer are not necessarily erased just because you deleted them. Refer to your system administrator or to the user manual for your device for assistance in completely removing the stored data.

6. Avoid accessing or sending secure information (such as online banking records) while using a public computer at a library, airport or Internet cafe. There is a high degree of uncertainty regarding your privacy and the security of your personal information when using such public devices.

Tips & Warnings

• The exception to expecting your legal rights regarding intercepted communications to be honored occurs in the workplace. In fact, your employer may require you to waive your rights to privacy and yield to your email and telephone communications being monitored while in the workplace.
• While your legal rights may protect your communications from being intercepted, this does not mean that certain communications, such as email or cellular-phone conversations, are safe from prying eyes or ears.

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