House Committee Approves Long-Stalled Email Privacy Act

The House Judiciary Committee unanimously approved the Email Privacy Act (H.R. 699) on Wednesday, setting the stage for a full vote in the House of Representatives.

In a rare bipartisan vote, the Email Privacy Act passed the House Committee unanimously with a 28-0 vote.

Led by Kevin Yoder (R-Kan.) and Jared Polis (D-Colo.), the Email Privacy Act seeks to update the 1986 Electronic Communications Privacy Act (ECPA) to align with technology advances over the past 30 years.

A subpoena can currently force electronic communications providers such at Google or Facebook to turn over any consumer communication that is over 180 days old, per the ECPA’s regulations. The 1986 act was originally passed at a time when technology companies did not keep extensive records, but rise of cloud storage has made the 180-day policy antiquated.

The Email Privacy Act would require a warrant to be obtained as opposed to a subpoena, which would require proof of probable cause and would be more difficult to obtain. Law enforcement can still access a customer’s contact and payment information, however, with only a subpoena.

The two-year old email privacy bill finally had its day at the Capitol, but not before several key edits were made in the days leading up to Wednesday’s vote.

Judiciary Chairman Bob Goodlatte (R-Va.) made several key edits to the bill on Friday, including pulling back an amendment that would require law enforcement to notify suspects within ten days when a warrant had been served to their communications provider. The new edits allow providers to notify their customers themselves, unless a court has ruled that the notice should be delayed.

 “H.R. 699, at its core, establishes for the first time in federal statute a uniform warrant requirement for stored communication content in criminal investigations, regardless of the type of service provider, the age of an email, or whether the email has been opened,” stated Chairman Goodlatte in his opening statement. “The core of H.R. 699 is a significant reform and should not be dismissed at trifle.  It establishes a standard that embodies the principles of the Fourth Amendment and reaffirms our commitment to protecting the privacy interests of the American people.” 

"Every single American will enjoy greater privacy protection in their personal communications with the passage of the Email Privacy Act,” states Chris Calabrese, vice president of policy at the Center for Democracy and Technology, in a press announcement released by the group. “It's a huge step forward to bring the same protections we enjoy in our homes to our digital lives. With such overwhelming support, the House should move quickly to vote for and pass this essential bill."

The Center for Democracy & Technology (CDT) has been one of the many supporters of the Email Privacy Act, testifying alongside technology companies, including Google, in defense of the bill.

Opponents who testified against the original un-edited bill included representatives from the Federal Bureau of Investigations (FBI) and Securities and Exchange Commission (SEC).

If the Email Privacy Act passes the House, it will then be sent over to the Senate for consideration.

Further movement in a contested election year, however, remains dubious. 

 

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