Patrick Leahy Introduces Legislation (Yet Again) To Require Government Warrants To Get Your Electronic Info
from the dc-just-keeps-doing-remakes dept
If all of this sounds familiar, you wouldn't be wrong. We've been discussing it forever. Leahy keeps introducing bills and they never seem to turn into law. Law enforcement has been his main antagonist on this, though the DOJ (somewhat surprisingly) appeared to concede today that ECPA needs significant reform, even calling out the 180 day issue explicitly in testimony before the Judiciary Committee:
Many have noted—and we agree—that some of the lines drawn by the SCA that may have made sense in the past have failed to keep up with the development of technology, and the ways in which individuals and companies use, and increasingly rely on, electronic and stored communications. We agree, for example, that there is no principled basis to treat email less than 180 days old differently than email more than 180 days old. Similarly, it makes sense that the statute not accord lesser protection to opened emails than it gives to emails that are unopened.That said, the DOJ is likely to push back on significant parts of any ECPA reform effort, to make sure it still has the ability to trawl through as much data as possible. Much of the testimony seems to warn of a parade of horribles that could occur if (*gasp*!) it has to get warrants for everything.