In recent years it has become feasible for computers to rapidly scan the contents of large amounts of communications traffic to identify certain characteristics of those messages: that they are spam, contain malware, discuss various products or services, are written in a particular dialect, contain copyright-infringing files, or discuss symptoms of particular diseases. There is a wide variety of potential uses for this technology, such as research, filtering, or advertising. But the legal status of automated processing, if it is done without advance consent, is unclear. Where it results in the disclosure of the contents of a message to others, that clearly violates the federal law governing communications privacy, the Electronic Communications Privacy Act (ECPA). But what if no record of the contents of the communication is ever made? Does it violate communications privacy simply to have a computer scan emails?
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