Senator clarifies stance on warrantless email search bill revisions

World wide-open web
Senator Leahy

An update to the 1986 Electronic Communications Privacy Act introduced by U.S. Senator Patrick Leahy was supposed to protect the email communications of American citizens.

Privacy advocates, however, said a recent a rewrite to the bill did the opposite, and exempted at least 22 government agencies from obtaining a warrant to tap into emails and digital files.

The revisions to the bill were apparently the result of pressure from law enforcement, at least according to a CNET report published after the publication obtained a revised draft of the proposal.

The Senate Judiciary Committee, which is headed by the Democrat from Vermont, votes on the bill next week.

Sen. Leahy responds via Twitter

Under the revised version of the bill, law enforcement would have warrantless access to e-mail, Google Doc files, Facebook wall posts and even Twitter direct messages, according to CNET.

So it was ironic that Leahy's office used Twitter to respond to CNET's article.

"Ideas from many sources always circulate b4 a markup 4 disc., but Sen. Leahy does NOT support such an exception for #ECPA search warrants"

The senator expanded upon that 140-character response on his website, saying, "rumors about warrant exceptions being added to ECPA are incorrect."

"The whole thrust of my bill is to remedy the erosion of the public's privacy rights under the rapid advances of technology that we have seen since ECPA was first enacted thirty years ago.

"In particular, my proposal would require search warrants for government access to email stored by third-party service providers – something that of course was not contemplated three decades ago."

Criticism from privacy advocates

An updated ECPA was intended to strengthen e-mail privacy, but the new exceptions are problematic in the eyes of privacy groups, the American Civil Liberties Union chief among them.

"That undercuts the whole purpose of the bill," American Civil Liberties Union legislative counsel Chris Calabrese told The Hill.

Calabrese said that he saw the draft reported on by CNET, but wasn't under the impression that Leahy supported it.

"There was a lot of language floating around," he said.

Calabrese went on to say that the ACLU would not support any proposal with such broad exceptions.

The group has also been steadfast against warrantless wiretapping, which is still legal under the Foreign Intelligence Surveillance Amendments Act.

Via CNET, The Hill

Matt Swider
Latest in Facebook
 Facebook social media app logo on log-in, sign-up registration page
How to delete all your Facebook posts
The Meta logo on a smartphone in front of the Facebook logo a little bit blurred in the background
Meta's new 'Link History' feature for the Facebook app isn't as protective of your data as it claims
The Meta Quest 3 in action
How much more data can Meta collect? Probably a lot, thanks to the Meta Quest 3 and Ray-Ban smart glasses
A laptop screen showing a Facebook Groups page
Scam alert: how to spot hoax posts in your Facebook Groups
Facebook
Facebook Messenger is losing a useful messaging feature soon
mother watching her daughter's activity online
Meta's new Facebook parental controls show social media still doesn't like responsibility
Latest in News
EA Sports F1 25 promotional image featuring drivers Oscar Piastri, Carlos Sainz and Oliver Bearman.
F1 25 has been officially announced, with this year's entry marking a return for Braking Point and a 'significant overhaul' for My Team mode
Garmin clippd integration
Garmin's golf watches just got a big software integration upgrade to help you improve your game
Robert Downey Jr reveals himself as Doctor Doom to a delighted crowd at San Diego Comic-Con 2024
Marvel is currently making a major announcement about Avengers: Doomsday's cast on YouTube, and I think it's going to be a long-winded reveal
Samsung QN90F on yellow background
Samsung announces US prices for its 2025 mini-LED TV lineup, and it’s good and bad news
Nintendo Switch Lite
Forget the Nintendo Switch 2, the original Switch is getting one last hurrah in a surprise Nintendo Direct tomorrow
The Samsung Galaxy S25 Edge on display the January 22, 2025 Galaxy Unpacked event.
Samsung Galaxy S25 Edge colors seemingly revealed in new video, and there’s another sign of an imminent launch