Aug 012017
 August 1, 2017  Posted by  Laws, Surveillance

Mark J. Fitzgibbons has an OpEd on The Hill that begins:

The bipartisan ECPA Modernization Act of 2017 introduced by Sens. Patrick Leahy (D-Vt.) and Mike Lee (R-Utah) is a welcome correction to a legislative flaw in the Fourth Amendment protections of emails stored in the cloud. Because of a law created before the cloud came to be, emails stored longer than 18 months could be accessed by government agencies without a warrant signed by a neutral judicial officer after presentation of probable cause of unlawful activity.

Citing the most basic Fourth Amendment protocols against warrantless access to emails, the bill was introduced under the premise of fixing that flaw for these older emails in the cloud. The bill, though, still leaves open probable cause-free access to emails and other “papers” through use of judgeless administrative subpoenas.

Read more on The Hill.

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