The House Judiciary Committee is holding a hearing this morning on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Democracy and Technology, state law enforcement, and yours truly. The hearing will be livestreamed here, where you can also find the written testimony
Latest in ECPA
Below is a summary of a few of the high level issues that Congress may address in ECPA reform beyond establishing the warrant-only standard for criminal investigations.
A brief summary of yesterday's Second Circuit ruling that the government cannot compel Microsoft, or other companies, to turn over customer emails stored on servers outside the United States.
The case was not a clear win for privacy, and it was not a win for the entire tech sector.
The ACLU seeks to join Microsoft’s ongoing challenge to the constitutionality of § 2705(b) of the Electronic Communications Privacy Act.
As I've previously written, the Congress has been considering updating the Electronic Communications Privacy Act. The Act, first adopted in 1986, does not have a warrant requirement for government access to the content of older, stored email. I have testified in favor of modernizing ECPA to remove this historical oddity. Today, the House unanimously passed the Email Privacy Act (H.R. 699) today by a vote of 419-0.
While we are at it, I thought I would also call attention to this provision of the Omnibus. It appears in the section which funds the financial services agencies (that is, it applies to the IRS, SEC, FTC, GSA, and OMB):
Part Two: Why the Daskal-Woods MLAT proposal should also account for cross-border law enforcement demands for metadata.
The House Judiciary Committee had a hearing yesterday on HR 699, the Email Privacy Act. The bill, which has more than 300 co-sponsors in the House (!) would update the Stored Communications Act to apply a warrant requirement to law enforcement requests for email content from internet service providers. This would be generally consistent with the holding of the Sixth Circuit back in 2010, in
Each possibility presents different tradeoffs.