Senate Judiciary Hearing on Electronic Communications Privacy Act Reform

Mar 22, 2011
By:
Chris Conley
ACLU of Northern CA

On April 6, the Senate Judiciary Committee will hold another hearing to discuss the woefully outdated Electronic Communications Privacy Act. (Did we mention that it was written in 1986?!)

In response to past Congressional Committee hearings, the ACLU submitted testimony calling on Congress to modernize ECPA in the following ways:

  • Protect Personal Information. The government shouldn't be able to get personal electronic information (like email, online documents, and search records) without a warrant, just like they can't enter your home and take your personal papers without a warrant.
  • Safeguard Location Information. Cell phones transmit your location, but your cell phone shouldn't be used as a personal tracking device without a warrant or even your knowledge. The government should need a warrant to access sensitive location information.
  • Prohibit Use of Illegally Obtained Information. If the government breaks the law, shouldn't there be consequences? Law enforcement shouldn't be able to use electronic information obtained illegally.
  • Require Transparency Around Information Collection. The law should require notice and regular reporting so you know when and why companies turn over your private information to the government.
  • Craft Reasonable Exceptions. Exceptions to the procedural requirements for government access to electronic records should be just that, exceptional. The law should have reasonable emergency exceptions and require documentation and reporting to ensure that these exceptions are not abused.

As Congress continues to consider updating electronic privacy law, it is essential that they keep these principles in mind. Please join us and tell Congress to update ECPA so that our modern technology is matched by modern privacy law.

And to remember just how much has changed since ECPA was written in 1986, watch our Demand Your dotRights video at www.dotrights.org/ECPA!

Chris Conley is the Technology and Civil Liberties Fellow with the ACLU of Northern California.