Civil Society, Privacy, Tech Groups Like CTA Urge Lawmakers to Pass ECPA Update Legislation

Several civil society and technology companies hailed the reintroduction of the Email Privacy Act (HR-387) that would update the 1986 Electronic Communications Privacy Act (see 1701090017), which currently allows law enforcement agencies to access people's emails that are older than 180 days old without a warrant. CTA President Gary Shapiro said in a news release that "this common-sense bill would ensure online communications are treated with the same privacy protections as physical mail and instill confidence that consumers' personal data is legally protected, no matter where it is stored." Free Press Action Fund Government Relations Manager Sandra Fulton said Americans "expect their cloud-based communications to receive the same privacy protections that the framers of the Fourth Amendment promised for our ‘papers and effects.’ The Email Privacy Act makes this expectation a reality." Information Technology and Innovation Foundation Vice President Daniel Castro said rules about accessing electronic communications in criminal probes "have simply not kept up with advances in modern technology" and treat data stored in the cloud different than data stored in a local computer. He said Congress should make it a top legislative priority to safeguard privacy and Fourth Amendment protections. Center for Democracy & Technology Vice President-Policy Chris Calabrese, who helped negotiate with congressional staff to craft the popular bill last year, said that "private communications is clearly one thing everyone in Congress can agree on." The ACT|The App Association, BSA|The Software Alliance, Electronic Frontier Foundation and Information Technology Industry Council also urged quick passage of the bill.