CNET

ECPA Amendments and Privacy in a Post Petraeus World

One of the issues making the rounds like wildfire today was a report from Declan McCullagh at CNET regarding certain proposed amendments to the Electronic Communications Privacy Act (ECPA). The article is entitled “Senate Bill Rewrite Lets Feds Read Your E-mail Without Warrants” and relates:

A Senate proposal touted as protecting Americans’ e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law.

CNET has learned that Patrick Leahy, the influential Democratic chairman of the Senate Judiciary committee, has dramatically reshaped his legislation in response to law enforcement concerns. A vote on his bill, which now authorizes warrantless access to Americans’ e-mail, is scheduled for next week.

Leahy’s rewritten bill would allow more than 22 agencies — including the Securities and Exchange Commission and the Federal Communications Commission — to access Americans’ e-mail, Google Docs files, Facebook wall posts, and Twitter direct messages without a search warrant. It also would give the FBI and Homeland Security more authority, in some circumstances, to gain full access to Internet accounts without notifying either the owner or a judge. (CNET obtained the revised draft from a source involved in the negotiations with Leahy.)

This sounds like the predictably craven treachery that regularly comes out of Senate, indeed Congressional, legislation on privacy issues. And exactly what many had hoped would cease coming out of Washington after the public scrutiny brought on by the Petraeus/Broadwell/Kelley scandal. And, should these amendments make it into law, they may yet prove detrimental.

But there are a couple of problems here. First, as Julian Sanchez noted, those abilities by the government already substantially exist.

Lots of people RTing CNET’s story today seem outraged Congress might allow access to e-mail w/o warrant—but that’s the law ALREADY!

Well, yes. Secondly, and even more problematic, is Pat Leahy vehemently denies the CNET report. In fact, Senator Leahy does not support broad exemptions for warrantless searches for email content. A source within the Judiciary Committee described the situation as follows: Continue reading

Emptywheel Twitterverse
bmaz Since when did "trolling" become synonymous w/ANY questioning credibility of author which @TheNation intellectually is selling? #JustStop
27mreplyretweetfavorite
bmaz @riversidesam Uh, no. I was not "trolling" Zirin in least. I asked him pertinent questions, in multiple ways, because he never answered them
1hreplyretweetfavorite
emptywheel RT @Caissie: So @gofundme removed racist comments made by donors to Darren Wilson's campaign, but will let campaign continue? No more GoFun…
3hreplyretweetfavorite
bmaz .@riversidesam Well, when you see Zirin "clarify his position" about execution of black men by citizens versus a cop, let me know.
4hreplyretweetfavorite
JimWhiteGNV RT @SunSportsRays: A beautiful first career complete-game shutout by @SmylyD 👏👏👏 Masterful. 105 pitches. A gem. Rays win 8-0. #AllSmyles
4hreplyretweetfavorite
bmaz .@riversidesam I posed it in different form because he neglected to answer any. If you, or he, call that "trolling" that is total bullshit.
4hreplyretweetfavorite
bmaz @riversidesam I hope I did, because, intellectually, I think he was full of shit in portions, certainly not all, but portions of that post.
4hreplyretweetfavorite
bmaz So Zirin accused me of "trolling" b/c I questioned him on one post. After years of mostly plaudits+deep respect. What kind of cheap is that?
4hreplyretweetfavorite
emptywheel @ncardozo Don't stop short of perfection, is all I'm saying.
4hreplyretweetfavorite
emptywheel RT @FalguniSheth: Historical, profound piece by @prisonculture in WaPo: For blacks, America is dangerous by default http://t.co/NlY6TVK1Z8
4hreplyretweetfavorite
emptywheel @benwilliams9999 Imagine 2 black men putting the Masters of Universe in prison.
4hreplyretweetfavorite
emptywheel @ncardozo Also why are you getting bored suing the USG before you've perfected winning?
4hreplyretweetfavorite
August 2014
S M T W T F S
« Jul    
 12
3456789
10111213141516
17181920212223
24252627282930
31