Admissibility of Evidence in Florida and the United States when Intercepted by a Third Party

January 16, 2008 by David S. Seltzer

The Wiretap Act applies to private conduct as well as to governmental agents. The Wiretap Act does not provide for suppression as a remedy to a violation pertaining to electronic communications, rather allows for civil sanctions. Wiretap Act, 18 U.S.C. §§ 2511(1), (4), (5), 2520. Suppression under the Wiretap Act is only with respect to unlawful interceptions of oral or wire communications. Wiretap Act, 18 U.S.C. §2515, 2518(10)(a). The Electronic Communications Privacy Act mirrors the Wiretap Act and Stored Communication Act (SCA), in that it does not provide for suppression of electronic communications either. E.C.P.A. § 101(e).

Additionally, the SCA creates criminal and civil penalties, but no exclusionary remedy, for unauthorized access to wire or electronic communication while it is in electronic storage in such system.” 18 U.S.C. § 2701 (emphasis added); see also 18 U.S.C. §§ 2707, 2708.