The ECPA prohibits employees of Internet providers from eavesdropping on subscribers’ e-mail or other communication. However, it is not unlawful for these employees to intercept or disclose communication in the normal course of employment under two conditions:
- While engaged in the normal required performance of their jobs
- For the protection of the rights or property of the provider of the service
The statute further restricts how such exceptions may occur, specifying that “service observing” and “random monitoring” may only be carried out for mechanical or quality control checks.