Civil Liberties, Tech Coalition Urges House Panel to OK ECPA Update Bill Without Changes
More than 60 civil liberties, industry and privacy groups and tech companies are urging House Judiciary Committee Chairman Bob Goodlatte, R-Va., and ranking member John Conyers, D-Mich., to advance the Email Privacy Act, which closes a loophole that gives law…
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enforcement agencies access to people's emails without a warrant after 180 days. In a Monday letter, the coalition -- which includes the Center for Democracy & Technology, Computer & Communications Industry Association, Electronic Frontier Foundation, Facebook, Google and U.S. Chamber of Commerce -- said HR-387 (see 1701090017), which would update the 1986 Electronic Communications Privacy Act, not only ends the 180-day rule but also rejects DOJ's "interpretation of ECPA that the act of opening an email removes it from warrant protection." The bill's passage would ratify a 6th U.S. Circuit Court of Appeals decision that email content is protected by the Fourth Amendment (see 1511300009) and the government needs a probable cause warrant, the letter said. It also reflects current DOJ and FBI practices, the groups added. Last year, the House unanimously approved an identical bill that died in the Senate Judiciary Committee (see 1606090007). The bill doesn't include everything the coalition wanted, but it said the groups are pleased that civil agencies -- such as the SEC -- that wanted to be exempted from the legislation don't get a carve out (see 1512030036). The committee should advance it without any amendments that would weaken protections, the letter said.