The ECPA has differing levels of protections for different kinds of electronic data though. There's one level for communications that are in transit and another level for communications that are in residence in a particular digital location. The two of you are conflating these two things although they're treated differently under US law (again, because the laws were largely made and interpreted in the telephone-era).
Not certain you want to be making ECPA-specific arguments based on a little summary like that. I actually have a whole book on the ECPA around here somewhere. Later I may take a crack at decoding it for you.
Anyway, the real issue here from my perspective is whether or not ACTA or similar provisions will somehow override basic concepts like "fair use" under US copyright law. If not, that seems to take all the teeth away from the nightmare scenarios Dutch is convinced is inevitable.