Congress should require that law enforcement obtain a probable-cause warrant to access communications cloud service providers store.

To Do: Require Probable Cause to Access Communications Stored in the Cloud

This legislation is a long overdue remedy to the loopholes in ECPA that treat data stored in the cloud differently than data stored on a local computer.

ECPA Reforms Long Overdue to Safeguard Privacy and Fourth Amendment Protections

ITIF Calls for Update of the Electronic Communications Privacy Act

Data privacy legislation has been on the Congressional to-do list for years, but as more states consider their own comprehensive privacy laws and Europe’s privacy regulation approaches its fifth anniversary, the federal government continues to lag behind.

Why Congress Should Pass Data Privacy Legislation in 2022

Congress should pass legislation to create a national privacy framework that streamlines regulation, preempts state laws, establishes basic consumer data rights, and minimizes the impact on innovation.

To Do: Create a National Privacy Framework

ITIF Welcomes Introduction of ECPA Reforms to Safeguard Privacy and Fourth Amendment Protections on Digital Content

A reasonable compromise on federal data privacy should protect and promote innovation by minimizing compliance costs and restrictions on data use, as well as address concrete privacy harms, improve transparency requirements, and strengthen oversight and enforcement.

Comments Before the House Committee on Energy and Commerce Regarding Data Privacy

Americans expect that their data will receive Fourth Amendment protections regardless of the means used to store it, and this legislation will help bridge that divide.

ITIF Welcomes House Passage of Long Overdue ECPA Reforms to Safeguard Privacy and Fourth Amendment Protections

This legislation provides an obvious and long-needed fix to protect Americans’ privacy and Fourth Amendment protections.

To Do: Reform ECPA to Ensure Privacy Rights Apply to the Cloud

Recommendation

Details

Editors’ Recommendations

Winning the Race 2012 Memos

Related

To Do: Require Probable Cause to Access Communications Stored in the Cloud

ECPA Reforms Long Overdue to Safeguard Privacy and Fourth Amendment Protections

ITIF Calls for Update of the Electronic Communications Privacy Act