Latest in ECPA

Cross-Border Data

The Simplest Cross-Border Fix: Removing ECPA’s Blocking Features

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

Surveillance

ECPA Reform Passes the House -- Unanimously

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.

Privacy

ECPA and the Omnibus

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):

Surveillance

Updating ECPA -- The Email Privacy Act

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

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