Ayotte Backs Legislation to Strengthen Email Privacy Rights

Press Release

U.S. Senator Kelly Ayotte (R-NH) today announced she is cosponsoring bipartisan legislation that would strengthen privacy protections for Americans' email and electronic correspondence to reflect technological advances in digital communications. The bill, sponsored by Senators Patrick Leahy (D-VT) and Mike Lee (R-UT), would update the Electronic Communications Privacy Act (ECPA) to prohibit a third-party service provider from voluntarily disclosing a customer's email or other electronic communications.

"In New Hampshire, we cherish our right to privacy, and it is time to update our federal privacy laws to reflect recent advances in technology and digital communications," said Ayotte. "This legislation would update current law-much of which was put in place nearly thirty years ago, before email was widely used-to require a search warrant based on probable cause in order for the government to access email content, while also requiring that individuals receive prompt notification when email content is disclosed subject to a warrant."

Under the bill, the government would need to procure a search warrant based on probable cause in order to access the content of an individual's email or other electronic communications when those communications are stored by a third party service provider. The bill would also require the government to notify an individual whose electronic communications have been disclosed and provide them with a copy of the search warrant within 10 days.

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