It’s Beyond Ridiculous That Email (But Not Mail) Has Been Left Out of Privacy Laws
As with so many significant privacy violations of late by government agencies — from the NSA to the IRS — it’s become clear that technology has far outpaced law. Federal laws meant to protect our Fourth Amendment right “to be secure in [our] persons, houses, papers and effects, against unreasonable search and seizure” do not adequately cover Americans’ property online.
The reason is the Electronic Communications Privacy Act (ECPA). Originally intended to protect — not violate — the privacy of our digital communications, this act set standards for government access to private information (such as emails, private photos, documents) transmitted and stored on the internet with an online service provider.
But ECPA was passed in 1986. Twenty-seven years ago, most Americans did not have a home computer or an email account. They did not all carry cell phones. “Facebook” described only the hardbound photo books of university freshmen and “Twitter” was an adjective used to describe the chattering of birds — such social networking sites did not even exist.
Whether they occur online or offline, our private communications should be protected. And that’s why we, a bipartisan group of representatives — Kevin Yoder (R-Kansas), Tom Graves (R-Georgia), and Jared Polis (D-Colorado) — have come together to introduce the Email Privacy Act. We’ve already gained a bipartisan group of 94 co-sponsors, and are pleased to join with our colleagues in the Senate, Senators Patrick Leahy and Mike Lee, who are pushing companion legislation that would modernize the ECPA.
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