ECPA Update Bill Introduced in House
Legislation that would modernize the 1986 Electronic Communications Privacy Act by requiring government agencies to show probable cause and obtain a search warrant before obtaining or intercepting electronic communications or geolocation data was introduced Monday. Co-sponsors were Reps. Ted Poe,…
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R-Texas, Zoe Lofgren, D-Calif., and Suzan DelBene, D-Wash. Known as the Online Communications and Geolocation Protection Act, the legislation would create clear standards for law enforcement on when and how they can legally access location information and ensure that constitutionally guaranteed rights such as those under the Fourth Amendment are protected for wire and electronic communications as well as geolocation data. Currently, law enforcement can obtain electronic communications and geolocation information if it’s more than 180 days old by “merely” obtaining a subpoena, the lawmakers said in a joint news release. The 1986 law has “failed to keep pace with rapidly evolving technology,” they said, “leading to weak and convoluted privacy protections from government access to user data. As consumers and businesses increasingly use cloud computing and location-based services, the law’s standards no longer reflect the way these services are used today, nor adequately protect Americans’ right to privacy.” When "current law affords more protections for a letter in a filing cabinet than an email on a server, it’s clear our policies are outdated,” DelBene said. “This bill will update privacy protections for consumers while resolving competing interests between innovation, international competitiveness and public safety.” Technology "may change, but the Constitution does not,” Poe said. “Whether an individual’s property is physical or digital, it must be protected from snooping government eyes, as required under the Fourth Amendment.”