Reforming the Electronic Communications Privacy Act, Hearing before the United States Senate, Committee on the Judiciary, One Hundred Fourteenth Congress, First Session, September 16, 2015   [open pdf - 2MB]

This testimony compilation is from the September 16, 2015 hearing on "Reforming the Electronic Communications Privacy Act " held before the U.S. Senate Committee on the Judiciary. From the opening statement of Patrick Leahy: "Congress passed the Electronic Communications Privacy Act (ECPA) twenty-nine years ago, when most Americans communicated on landlines, when call waiting was novel, and when few had heard of email. Yet Congress anticipated that the new world of electronic communications would need privacy protections. ECPA provided just that. Since 1986, technology companies have continued to create new ways of communicating. But the privacy rules governing this critical area are simply outdated. As the statute reads today, government agencies can obtain the contents of an email without a warrant if that email is more than 180 days old. But we do not expect our private letters or photos stored at home to lose Fourth Amendment protection simply because they are more than six months old. Neither should our emails, texts, or other documents we store in the cloud. If I send Senator Grassley a birthday note tomorrow, its long-term constitutional protection should not depend on whether I give him a card that he puts in his desk, or send him a text that is stored in the cloud." Statements, letters, and materials submitted for the record include those of the following: Elana Tyrangiel, Andrew Ceresney, Daniel Salsburg, Richard Littlehale, Richard Salgado, Chris Calabrese, and Victoria A. Espinel.

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U.S. Senate Committee on the Judiciary: http://www.judiciary.senate.gov/
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