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

ITIF Senior Analyst Daniel Castro reviews a ruling that provisions of the Stored Communications Act allowing law enforcement access to email without a warrant are unconstitutional.

Court Rules Users Have Expectation of Privacy in the Cloud

Congress should examine whether U.S. courts can better balance the interests of individuals and the state by allowing law enforcement to hold suspects in contempt of court when they refuse to disclose encryption keys for their secured data.

To Do: Hold Suspects in Contempt of Court When They Refuse to Disclose Encryption Keys for Secured Data

Strong leadership in cloud computing is necessary to remain globally competitive, advance technology in the United States, and combat anticompetitive practices.

Testimony Before the House Committee on the Judiciary on Cloud Computing

Given the scope and importance of rules governing government hacking, Congress should oversee changes to ensure they respect civil liberties, do not weaken cybersecurity, and achieve the desired results for law enforcement, Alan McQuinn and Daniel Castro write in the Christian Science Monitor.

Congress Needs to Check Government Hacking Powers

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

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

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 companies to publish security policies to promote transparency with consumers.

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

Recommendation

Details

Editors’ Recommendations

How to Balance Internet Freedom and Security in the United States

Related

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

Court Rules Users Have Expectation of Privacy in the Cloud

To Do: Hold Suspects in Contempt of Court When They Refuse to Disclose Encryption Keys for Secured Data