Just days after the largest reform to U.S. surveillance law in years took effect, lawmakers on Tuesday held a long-awaited hearing on reforming the Electronic Communications Privacy Act (ECPA). By far the most widely supported bill in Congress, the Email Privacy Act—introduced nearly two-and-a-half years ago—was the center of attention during the House Judiciary Committee hearing, and though it was clear lawmakers on the whole supported it, there is still disagreement on how best to move forward.
At one end, civil and criminal law enforcement are concerned that parts of the proposed reforms will hurt their ability to investigate criminal activity, while at the other, the technology industry as well as privacy and civil liberties advocates are concerned that a nearly 30-year-old law is being rapidly outdated by digital technology and needs an update ASAP.
“Everyone on this panel agrees a warrant requirement for digital information is needed,” said Red Branch Consulting Founder Paul Rosenzweig, one of six panelists at the hearing. “It’s unbelievable we haven’t been able to work out the details of how to do that.”
At one end, civil and criminal law enforcement are concerned that parts of the proposed reforms will hurt their ability to investigate criminal activity, while at the other, the technology industry as well as privacy and civil liberties advocates are concerned that a nearly 30-year-old law is being rapidly outdated by digital technology and needs an update ASAP.
Jedidiah Bracy, CIPP/E, CIPP
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