Keep Big Brother Away From Our Emails
Times have changed since the 1980s, before most Americans had computers or access to Al Gore’s Internet. Nearly three decades later, advancements in technology have significantly changed the way we work, learn and communicate. While change in Washington typically presents challenges, it is critical that our laws adapt to garner the benefits of innovation without hindering American competitiveness and individual liberty.
Signs of change were witnessed last week when the Senate Judiciary Committee approved the Electronic Communications Privacy Amendments Act with strong bipartisan support. This updated legislation brings much needed parity to our nation’s communication privacy laws, ensuring that they continue to encourage success in our technology and cloud computing industries.
At the heart of the issue is the fact that the Electronic Communications Privacy Act (ECPA) treats messages delivered by the U.S. Post Office differently than messages delivered via Yahoo and Gmail. Likewise, data in a filing cabinet is different than data stored in the cloud. Government agencies, including the IRS, claim that ECPA grants the them access to electronic messages older than 180 days without a warrant, claiming that these messages are “old” in the public domain with no reasonable expectation of privacy. To Americans who use the Internet for everything from online banking and shopping to conversations with loved ones, this cannot be tolerated.
This is because ECPA, written in 1986, is a dinosaur – a relic of a different time when the Internet and cell phones were more science fiction than everyday reality. Now, these communications tools are essential to relationships, commerce, business, and so much more. And, they should be treated as such.
Extending privacy protections to the digital age and updating ECPA is a principled conservative position that has bipartisan support in Washington, D.C. Groups across the political spectrum – from Heritage Action to the ACLU – have united in purpose to create Digital 4th, a coalition dedicated to bringing Fourth Amendment protections into the 21st century.
The group isn’t asking much – Digital 4th believes the government should treat online communications with the same standard as non-electronic communications. Namely, if Big Brother wants access, it must show probable cause to a judge and obtain a warrant – a process very familiar to government officials. This can be achieved by updating ECPA.
These reforms will guarantee the individuals freedoms granted by the Constitution and ensure our laws encourage success in America’s technology and cloud computing industries. Advances in technology are essential to America’s global competitiveness and economic growth. Yet, at this point, Congress has failed to act, leaving those emails and texts you sent today vulnerable to the government. For now, be warned… Big Brother is reading.
