Source: United States House of Representatives – Congresswoman Suzan DelBene (1st District of Washington)
Today, Representatives Suzan DelBene (WA-01) and Warren Davidson (OH-08), along with Senators Mike Lee (UT) and Ron Wyden (OR) introduced the bipartisan Email Privacy Act, which would create updated privacy protections for emails and other personalized digital records.
Currently, law enforcement can obtain private email communications older than 180 days without a warrant because the law is based on outdated storage capabilities. Congress passed the Electronic Communications Privacy Act in the 1980s to establish email privacy standards. In the four decades since, usage and storage of email have evolved significantly, underscoring how behind the U.S. is in digital privacy more broadly.
This bill would protect Americans’ digital communications by requiring warrants to access emails regardless of when the message originated. The bill also includes provisions that will allow email providers (Gmail, Yahoo!, Hotmail, iCloud, etc.) to notify users when their data has been accessed, and updates voluntary disclosure language.
“The current law governing online privacy standards is egregiously out of date, leaving millions of Americans’ private communications and data vulnerable,” said DelBene. “Our laws must reflect the capabilities of modern technology rather than being stuck in the past. Personal email communications and physical documents should be protected with the same level of security. This bill makes critical changes that will update email privacy standards and modernize Americans’ civil liberties.”
“The Fourth Amendment is clear: the government must get a warrant before searching an individual’s private property, including written communications. As today’s world has grown increasingly digital, that principle should apply just as strongly to an email inbox as it does to a desk drawer or file cabinet,” said Davidson. “That’s exactly why I’m proud to cosponsor the Email Privacy Act—to ensure our freedoms carry into the digital world and that all communications are protected as the Founders intended. Congress must pass this commonsense legislation so Americans’ rights are fully respected in the 21st century.”
“Americans should not lose their Fourth Amendment protections simply because their private communications are stored with a third-party provider. By eliminating the outdated 180-day rule and requiring the government to obtain a warrant for the contents of emails and other electronic communications, this legislation brings ECPA into line with the realities of the 21st century,” said Lee.
“Right now, the only thing standing between the government and warrantless access to all of the old emails in your inbox is a federal appeals court decision. That’s not good enough when it comes to Fourth Amendment protections for one of the fundamental forms of communication right now. I’m proud to partner with a bipartisan coalition to put clear protections for Americans’ rights into black-letter law,” said Wyden.
The legislation is endorsed by the ACLU, Americans for Prosperity, Americans for Tax Reform, Association for Competitive Technology, Center for Democracy & Technology, Computer & Communications Industry Association, Consumer Choice Center, Consumer Technology Association, Demand Progress, Due Process Institute, Electronic Frontier Foundation, Engine, Fight for the Future, Information Technology and Innovation Foundation, Institute for Policy Innovation, Internet Infrastructure Coalition – I2Coalition, NetChoice, Project On Government Oversight, R Street Institute, Restore the Fourth, Software & Information Industry Association, TechFreedom, and U.S. Chamber of Commerce.
DelBene is also the author of a comprehensive national data privacy bill that would put Americans back in control of their data.
The text of the Email Privacy Act can be found here.