Congress should require law enforcement to obtain a warrant before they can access data from a vehicle.

To Do: Disallow Warrantless Digital Car Searches

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

In an op-ed for TechCrunch, Daniel Castro and Alan McQuinn call on Congress to close a loophole that could allow police to use a Fourth Amendment exception to conduct digital searches of connected cars without warrants.

Congress Should Close the Loophole Allowing Warrantless Digital Car Searches

Congress should establish a warrant requirement to track the movements of individuals by any means, including with facial recognition systems, mobile phones, GPS trackers, or license plate readers.

To Do: Require a Warrant to Track Individuals’ Movements

To Do: Require a Warrant to Track Individuals' Movements

The administration should limit the transfer of U.S. citizens’ data to nations that limit the transfer of their citizens’ data.

To Do: Impose Reciprocal Measures on Countries that Limit Data Transfers

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 reform the Electronic Communications Privacy Act (ECPA) to ensure citizens have a right to privacy for electronic data whether it is stored on a device or remotely in the cloud.

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

Last week, Senators Hatch, Coons and Heller introduced the Law Enforcement Access to Data Stored Abroad (LEADS) Act which seeks to clarify the powers that warrants issued by the U.S. courts have on data stored abroad. The LEADS Act also focuses on reforming the Mutual Legal Assistance Treaty (MLAT) process, which are agreements designed for law enforcement agencies to receive and provide assistance to their counterparts in other countries. If enacted, this law could have both immediate effects on a current court case, and far-reaching effects on international agreements for cross-border access to data for law enforcement purposes. Until now, the U.S. government has argued that it could use the powers granted to it under the Electronic Communications Privacy Act (ECPA) to gain lawful access to data stored abroad if the company storing it had a presence on U.S. soil. The LEADS Act would clarify ECPA, stating specifically that the U.S. government cannot compel the disclosure of data from U.S. providers stored abroad if accessing that data violates the laws of the country where it is stored or if the data is not associated with a U.S. person—a citizen or lawful permanent resident of the United States, or company incorporated in the United States. 

The LEADS Act Presents a Path Forward for Cross-border Digital Searches

Not only is FTC’s rulemaking announcement an unnecessary distraction from legislative efforts, but it is a questionable power grab overstretching its statutory authority that will ultimately come at the expense of consumers.

To Do: Prevent Unwarranted Searches of Digital Devices at Border Crossings

Recommendation

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Editors’ Recommendations

Digital Rights Don’t Stop at the Border

Related

To Do: Disallow Warrantless Digital Car Searches

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

Congress Should Close the Loophole Allowing Warrantless Digital Car Searches