ECPA & FERPA Notices

Important ECPA & FERPA Notices

This communication (including attachments) is covered by the Electronic Communication Privacy Act (ECPA), 18 U.S.C. §§ 2510-2521.  Further this communication may be protected by other local, state, and federal laws and regulations including but not limited to the Family Educational Rights and Privacy Act (FERPA), 20 USCS §§ 1232g an 1232h.  If this communication constitutes an educational record disclosure to all persons requires the student’s consent pursuant to 34 CFR § 99.30.  Disclosure, without consent for regulatory specified purposes, is permitted pursuant to 34 CFR § 99.31(a).  If this communication is an educational record and has been disclosed pursuant to 34 CFR § 99.31(a)(1) as a school official within the institution to further a legitimate educational interest you may not further distribute this communication without adhering to institutional policy and procedure.  Once retention no longer furthers a legitimate educational interest you must destroy all copies.

This communication is confidential and may contain privileged information.  If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use this communication or the information contained herein or attached hereto as doing so may be a violation of the ECPA or FERPA.  Maximum penalties for a violation of the ECPA include fines and imprisonment (see related portions of the ECPA excerpted below). The text of FERPA and ECPA may be found online.

“(1)… any person who (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication… (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection… shall be punished as provided in [this statute]… (4)(a)… whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.” 18 USCS § 2511 (et seq) (2008).  “Except as provided in section 2511 (2)(a)(ii) [the statute], any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate.”  18 USCS § 2520(a) (2008).  “Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.”  18 USCS § 2515 (2008).