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Cyber Security - the Laws that Govern Incident Response - page 19 / 38

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What stored communications records can network operators voluntarily disclose?

First ask whether provider offers communications services to the public generally, or if it is a private provider

public provider - if services may be accessed by any user who complies with required procedure and pays any fees

If not a public provider – ECPA doesn’t apply to preclude from voluntarily disclosing to law enforcement or others

Examples:

AOL is a public provider,

A company that provides e-mail and voice mail services to employees is a private provider

3b.Disclosing Stored Communications and Documents

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