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

Emptywheel Twitterverse
emptywheel RT @normative: “Sweeping curbs on NSA surveillance” is a little overstated. Whisk-broom-and-dustpan curbs, maybe. http://t.co/d1LfCF6GNW
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emptywheel RT @Gorman_Siobhan: On NSA bill, @SenatorLeahy & @SenTedCruz are BFFs, but must win over @SenFeinstein, @SaxbyChambliss & @ChuckGrassley. h…
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emptywheel Though if Martha Stewart has a drone, it won't be long before KMart stocks them, right? http://t.co/889mG6in87
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emptywheel Tony Blair got a $1 million for being horrible and he doesn't even have ANY patents. http://t.co/7d6T8kRXqB Take that Keith Alexander.
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emptywheel Suspect Stewart will lose title of country's best hostess for flying drone over rich people's property in Bedford. http://t.co/889mG6in87
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emptywheel "One of my farm workers used his drone...to capture amazing images of my 153-acre farm in Bedford, NY." http://t.co/889mG6in87
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emptywheel @attackerman No no! Bobby 3-Sticks. He was Director for 12 years, he gets a building doesn't he?
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emptywheel @onekade Except for the unnecessary pantyhose catalogs.
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emptywheel @onekade Also, a good way to fuck with Big Data. Prolly the best.
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emptywheel @onekade Mitt Romney merged me w/my mom, thinking that-me would vote for him. Now I get pantyhose (!) & disability catalogs in merged name.
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emptywheel @attackerman They'll call it the "Bobby 3 Sticks HQ and Hockey Arena," I bet.
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emptywheel @onekade Our dog-member eschewed other dogs once he finished interviewing us for reliability (it took a year). So I can't imagine extras.
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