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Toward A Cohesive Interpretation Of The Electronic Communications Privacy Act For The Electronic Monitoring Of Employees, Ariana R. Levinson

West Virginia Law Review

This Article proposes a cohesive interpretation of the Electronic Com- munications Privacy Act ("ECPA") designed to protect employees' basic right to privacy in their electronic communications. The difficulty of new technology outpacing the law's ability to protect employees' privacy from electronic moni- toring by employers is widely acknowledged. Yet, scholars have generally over- looked or dismissed the potential of the ECPA to provide privacy protection for employees in the electronic workplace, calling instead for reform through the legislative process. Nevertheless, despite increasing calls from a broad range of entities for stronger privacy protections, passage of new legislation designed to adequately …