Goodlatte Plans Markup of ECPA Update Bill in March

Marking up the Email Privacy Act, which would update the Electronic Communications Privacy Act (ECPA), is planned for March, House Judiciary Committee Chairman Bob Goodlatte, R-Va., said Wednesday. But no exact date was set. "Over the past several years, the Committee has conducted robust oversight of this decades-old law and has worked with stakeholders to identify reform priorities," Goodlatte said in a statement. "It’s clear that the law needs to be modernized and updated to ensure it keeps pace with ever-changing technologies so that we protect Americans’ constitutional rights and provide law enforcement with the tools they need for criminal investigations in the digital age." HR-699 would require law enforcement and civilian agencies such as the SEC to get a search warrant in all instances if they want access to people's electronic communications (see 1512010054). ECPA allows agencies to access electronic information older than 180 days with a subpoena, which is easier to get than a warrant. The bill was introduced almost exactly a year ago and is arguably one of the most popular bipartisan bills, with more than 300 co-sponsors, but it didn't get a hearing until December. Privacy groups and the private sector widely support the bill, but civilian government agencies oppose parts -- mainly the requirement to get a warrant in all instances. Sens. Mike Lee, R-Utah, and Pat Leahy, D-Vt., sponsored the Senate version, called the ECPA Amendments Act (S-356). A hearing on that bill was held in September, but there has been no action on it since.