Declan McCullagh

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

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bmaz @brahmresnik @LarrySabato It always has been, despite flaky polls.
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bmaz @maassive I do not think the deadline is the entire law. You also have to consider breadth and enforceability.
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bmaz .@GregMitch In a single series, Bumgarner doesn't even top Bob Gibson in 1967. May not beat Gibson overall either.
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JimWhiteGNV RT @SIGARHQ: Deeply troubled that ISAF classified summary of report that assesses Afghan security forces capabilities http://t.co/a2blhSrdVz
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emptywheel Can someone explain why Mike Allen thinks McCain would get SASC, when Inhofe is Ranking? http://t.co/NKUm1X5zMB
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bmaz @armandodkos @emptywheel And, if other things equal, I don't relish Cornyn/Cruz over McConnell necessarily
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bmaz @armandodkos @emptywheel I'd be happy for McConnell to lose (think odds slim of that tho); just think such a loss doesn't change much.
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emptywheel @armandodkos Not true that it hurts on nothing else. Inhofe, Burr, in particular, concern me. @bmaz @sahilkapur
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emptywheel Congratulations, "public," You're now just like China in DOD's eyes. http://t.co/t9Hjd221sQ Hackers too, but we already knew that.
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bmaz @emptywheel @armandodkos @sahilkapur ...get deals cut if he wants them, or people that will never deal?
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bmaz @emptywheel @armandodkos @sahilkapur Would you rather have a Majority Leader that is at least capable of making deals+has discipline to...
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bmaz @nickmartin She should be. Ebola is scary, but there is simply no factual basis as to her case. America needs to stiffen its spine a bit.
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