ITIF Welcomes Introduction of ECPA Reforms to Safeguard Privacy and Fourth Amendment Protections on Digital Content
WASHINGTON— The Information Technology and Innovation Foundation (ITIF), the top-ranked U.S. science- and tech-policy think tank, today released the following statement from Daniel Castro, ITIF vice president, commending Senators Patrick Leahy (D-VT) and Mike Lee (R-UT) for introducing the ECPA Modernization Act of 2017:
It has been 31 years and counting since the Electronic Communications Privacy Act (ECPA) was enacted. There is no need to once again recap all the ways information technology and electronic communications have changed since 1986; it should be self-evident by now that the law needs to be reformed. Americans expect their data to receive Fourth Amendment protections regardless of the means with which they store it, and this legislation will help bridge that divide.
The Act would eliminate several arbitrary inconsistencies in ECPA that treat Americans’ data differently based on what it is and how it is stored. Importantly, the revisions would codify protections over emails, even if they have been opened or stored on a server for more than 180 days, ensuring they are still subject to Fourth Amendment protections. The bill also would add needed protections for geolocation information.
ITIF commends Senators Leahy and Lee for advancing their bill. The Senate should move quickly to take up this legislation and safeguard the privacy of Americans without compromising law enforcement’s ability to prosecute and solve crimes.
Read more at itif.org.
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The Information Technology and Innovation Foundation (ITIF) is an independent, nonprofit, nonpartisan research and educational institute focusing on the intersection of technological innovation and public policy. Recognized by its peers in the think tank community as the global center of excellence for science and technology policy, ITIF’s mission is to formulate and promote policy solutions that accelerate innovation and boost productivity to spur growth, opportunity, and progress.
