Rebecca Neumann 0

ECPA Reform

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The ECPA (Electronic Communications Privacy Act) was passed in 1986 and reflects realities about technology as it was used at that time, but does not reflect changes in usage and technological capabilities that have emerged since then, particularly advances in email and cloud computing. A number of scholars and activism organizations support reforming the law in light of these changes--the Digital Due Process Coalition and its member organizations are prominent examples. Current efforts are underway in the US Senate enact reforms, but debates over specific language and cases still need to be settled before any reform is passed in full. Important Issues that the reform package should include: 1. Personal emails (stored on a server or in the cloud) must be protected from warrantless search in the same way that physical letters are protected 2. Text messages, including meta-data outside the actual content of the message (such as your GPS location or time a message was sent), must also require a warrant for law enforcement to access (CA might enact a statewide law about this, but there ought to be federal one in place as well) 3. Passing these protections shouldn't simultaneously weaken video privacy protection (VPPA) by allowing Facebook and Netflix to sell data about what videos you request and purchase to advertisers. VPPA should stay in place as is, unaffected by changes to ECPA.

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