May 2, 2016
The Electronic Communications Privacy Act: Does the Act Let the Government Snoop Through Your Emails and Will It Continue?
The Securities and Exchange Commission (“SEC”) is an enforcement powerhouse that has historically relied on the 1986 Electronic Communications Privacy Act (“ECPA”) to collect electronic communications directly from Internet Service Providers (“ISPs”) with a subpoena. The ECPA shields recent or unopened electronic communications from government eyes, but treats all others as abandoned and thus subject to warrantless government search and seizure. In