Electronic Communications Privacy Act of 1985

Electronic Communications Privacy Act of 1985 - Title I: Title 18 and Related Matters - Amends the Federal criminal code to extend the prohibition against the unauthorized interception of communications to specified types of electronic communications (present law prohibits only the interception of wire and oral communications). Specifies certain exceptions with respect to electronic communications. Extends such prohibitions to the communications of any provider of electronic communication services (present law extends only to communication common carriers).

Prohibits the unauthorized access to an electronic communication system in order to obtain or alter information contained in such system. Imposes criminal penalties for the violation of such prohibition.

Prohibits any person or entity providing an electronic communication service from knowingly divulging the contents of any communication carried on that service. Provides for specified exceptions to such requirement.

Allows the Attorney General or the prosecuting attorney of any State or political subdivision to apply for disclosure of information contained in an electronic communication service. Specifies that such application shall meet the same requirements as that for an application for the interception of wire or oral communications.

Allows any person whose electronic communication is intercepted, disclosed, or used to bring a civil action to recover civil damages. (Present law allows a civil action only for the interception or use of wire or oral communications.) Revises the amount of damages which may be recovered by such civil actions. Specifies a two-year statute of limitations for the commencement of such a civil action.

Specifies additional crimes for which interception of wire, oral, or electronic communications can be authorized in the course of the investigation of such crimes. Sets forth additional requirements for applications, court orders, and the implementation of court orders for the interception of such communications. Requires that a court order authorizing such interception shall require that reports of specified information be made not less often than every ten days to the judge who issued such order.

Title II: Pen Registers and Tracking Devices - Prohibits the installation or use of a pen register or a tracking device without first obtaining a court order pursuant to this Act or under the Foreign Intelligence Surveillance Act of 1978. Imposes criminal penalties for violations of such prohibition.

Defines "pen register" as a device which identifies the numbers dialed or transmitted on the telephone line to which the device is attached. Defines a "tracking device" as an electronic or mechanical device which permits the tracking of the movement of a person or object in circumstances in which there exists a reasonable expectation of privacy.

Authorizes Federal and State law enforcement officers having responsibility for ongoing criminal investigations to apply for a court order allowing the installation and use of a pen register or a tracking device. Sets forth procedures for the application for an issuance of a court order allowing the use of a pen register or tracking device. Allows the issuance of such order if, in the case of a pen register, there is reasonable cause to believe that the information likely to be obtained is relevant to a legitimate criminal investigation.

Sets forth requirements for the emergency use of a pen register or tracking device without prior court authorization.

Requires a communications common carrier, landlord, custodian, or other person to furnish an authorized law enforcement officer information, facilities, and technical assistance necessary to accomplish the installation and use of a pen register or tracking device if such assistance is directed by court order or an emergency installation is authorized. Requires that anyone providing such assistance shall be compensated for any reasonable expenses incurred.

Requires any judge issuing or denying an order for the use of a pen register or tracking device to file a report with the Administrative Office of the United States Courts. Requires the Attorney General and the principal prosecuting attorney of a State to report annually to the Administrative Office of the United States Courts concerning the use of pen registers and tracking devices authorized for use in criminal investigations. Requires the Director of the Administrative Office of the United States Courts to report annually to the Congress concerning the use of pen registers and tracking devices.

Allows any person who is harmed by a violation of this Act concerning pen registers or tracking devices to bring a civil action to recover civil damages. Specifies the type of damages which may be recovered. Specifies a two-year statute of limitations for the commencement of such a civil action.