A recent federal court decision points out two of the many critical ambiguities in the Electronic Communications Privacy Act (ECPA):  what constitutes an “interception” under the Wiretap Act portion of ECPA, and when is an email in “electronic storage” and therefore protected by the Stored Communications Act portion of ECPA?  The court in Rene v. G.F. Fishers Inc. held that the use of keystroke logging software to monitor signals sent from a keyboard to a personal computer was not an interception of an electronic communication because it did not occur on “a system affecting interstate or foreign commerce.”   But the court found that the same actions could violate Indiana’s wiretapping law, underscoring again how state laws may be more privacy-protective than ECPA.  The court also held that unopened emails in a person’s inbox are in “electronic storage” within the meaning of the SCA, and reserved judgment on whether opened emails were also in electronic storage.  The storage question is one that has befuddled courts for years.