Electronic Communications Privacy Act

The video discusses the broad protection of individual communications under privacy laws, focusing on preventing unauthorized interception and recording by the government or private individuals. It highlights the Electronic Communication Privacy Act (ECPA), which protects audio communications but not video without audio. The video explains scenarios where recording is permissible, such as in employment, with one-party consent. However, many states require both parties to be aware and consent to the recording. Violations of these laws can result in severe criminal and civil penalties.

What does the Electronic Communication Privacy Act primarily protect against?

• Unauthorized video surveillance

• Unauthorized use of personal data

• Unauthorized audio interception and recording

• Unauthorized access to public records

In what scenario might audio recording not violate the Electronic Communication Privacy Act?

• When both parties are unaware of the recording

• When the recording is used for personal purposes

• When one party consents to the recording

• When the recording is done in a public place

What additional requirement do some states impose for recording conversations?

• Recording must be done in a private setting

• Both parties must be aware and consent to the recording

• Recording must be stored securely

• Recording must be done by a licensed professional

What is the maximum criminal penalty for violating the Electronic Communication Privacy Act?

• Two years in prison and a $100,000 fine

• Five years in prison and a $250,000 fine

• Ten years in prison and a $500,000 fine

• One year in prison and a $50,000 fine

What type of damages can be sought in civil remedies for violations of the Act?

• Emotional damages

• Actual and punitive damages

• Reputational damages

• Nominal damages