Wiretap Act, provider exception (18 U.S.C. 2511(2)(a)(i))
A company that runs its own mail or chat system can rely on this exception only for activity that is a necessary incident to running the service or protecting its rights or property. Licensing staff messages to an AI developer for revenue is neither, so the provider exception does not cover the licence; consent (2511(2)(d)) is the basis that has to carry it.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service”
Where it was read
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide