Sen. Patrick Leahy

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 RT @william_pitts: HOLY CRAP CAN WE GET @SunDevilCurtain on whatever this is on espn2??? @942Crew
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bmaz @william_pitts @SunDevilCurtain @942Crew Wait - I just tuned in - what in the world is this??
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bmaz RT @imraansiddiqi: People from all different faiths gathered outside the Tempe mosque to form prayer circle in solidarity with Muslims. htt…
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bmaz @MykelBeyotch @chrisgeidner I agree, but elevated scrutiny comes out of an EP decision if it comes at all.
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bmaz A lot of officers+agencies all across the country seem to have forgotten, or never received, the message from DOJ https://t.co/W3rrTGJgMl
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bmaz @MykelBeyotch @chrisgeidner Equal Protection
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bmaz @chrisgeidner Nice writeup. My hope is that all the noise from the amici+political arguments gets ignored+its a straight up EP result
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bmaz RT @JasonFritz1: And there were more violent crimes there in 2013 than in 2006. #effectiveness
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bmaz RT @JasonFritz1: Between 2007 and 2013, Jefferson County, AL recieved ~$34M of excess mililtary equipment from the 1033 program. Pop: 650K.
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emptywheel @csoghoian Don't worry. I'm sure there's not one to PPD-28.
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emptywheel @jmcest Good point.
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bmaz @emptywheel Haven't read reports, got that from one of the article over last 36 hrs or so. But, yeah, that was exactly my first thought.
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