Deeplinks Blog posts about Law Enforcement Access
Update May 26, 2016: Senate Judiciary Committee Chair Charles Grassley (R-IA) postponed marking up the Email Privacy Act. The committee website will provide further details on whether or not the bill will be marked up in June.
House of Representatives Agrees That 30 Years Is Long Enough, Pushes Much-Needed Email Privacy Reform Bill to the Senate
The U.S. House of Representatives passed the Email Privacy Act (H.R. 699) today, which would require the government to get a probable cause warrant from a judge before obtaining private communications and documents stored online with companies such as Google, Facebook, and Dropbox.
Following the Senate’s September hearing, the House Judiciary Committee today held a hearing on reforming the Electronic Communications Privacy Act, the federal law that regulates government access to private communications records stored by online service providers.
Congress is considering a pair of identical bills that would create a warrant requirement for any government entity that seeks personal content stored in the cloud: the Senate version is the Electronic Communications Privacy Act Amendments Act (S. 356) while the House calls theirs the Email Privacy Act (H.R. 699).
The U.S. Trade Representative (USTR) fears the grassroots tech community, and rightly so. Internet users are the community that killed SOPA and PIPA in the U.S. Congress and ACTA in the European Parliament. The USTR is right to fear that the same could happen to the Trans-Pacific Partnership agreement (TPP).
A federal magistrate judge in Brooklyn took an admirable stand last week when he questioned the government’s authority to compel Apple to unlock a seized mobile device using the All Writs Act. That’s a general-purpose law passed in 1789 that allows a court to require third parties’ assistance to execute a prior order of the court. Apple cannot be automatically conscripted in government investigations, wrote Magistrate Judge James Orenstein of the US District Court for the Eastern District of New York, because it is “a private-sector company that is free to choose to promote its customers' interest in privacy over the competing interest of law enforcement.” Orenstein’s order isn’t the end of the story, but it’s encouraging to see a court recognize the limits of government power, even in the face of the not-so-absolute All Writs Act.
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