The federal Electronic Communications Privacy Act (ECPA) requires digital providers to obtain lawful consent before releasing electronic communications. That consent must come from an electronic communication’s originator, addressee or intended recipient, according to NetChoice, a trade association of businesses engaged in electronic commerce. Service providers who disclose communications are liable under federal law, NetChoice’s website says.
House Bill 1362 permits only the disclosure of information allowed under the ECPA. It also says that custodians of electronic communications are immune from liability for acts of omission done in good faith. NetChoice says that approach still would put businesses in the position of complying with either state or federal law.