Nadler Considers Possible Reforms To The Electronic Communications Privacy Act

Press Release

Today, Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, chaired a hearing on the Electronic Communications Privacy Act (ECPA), exploring what type of reforms may be necessary to bring the law up to date with recent advances in technology.

"ECPA was passed in 1986, well before we commonly used the Internet for e-mail, much less for "cloud computing' and remote storage, when cell phones were rare and included no tracking technologies capable of mapping our every movement," said Nadler. "Communications technology now evolves at an exponential pace. Certain technological advances provide criminals with new platforms for unlawful activity, and, other advances provide new opportunities for law enforcement agencies charged to protect us from such criminals to intervene in our private lives. Thus, we must consider whether ECPA still strikes the right balance between the interests and needs of law enforcement and the privacy interests of the American people."

ECPA, originally enacted in 1986, was intended to reestablish a balance between privacy and law enforcement needs, which Congress found had been upset by the development of communications and computer technology.

The law regulates how the government can obtain access to wire, electronic, and stored communications and customer records.

But, in recent years, new technologies -- including cloud computing, social networking, and location-based services -- have rendered many of the law's provisions outdated, vague, or inapplicable to emerging innovations. Such legal disarray can put government investigations, private industry and consumers at risk in a variety of ways. Today's hearing addressed possible ways of solving these problems and updating the law.

Witnesses at the hearing were: Jim Dempsey, Vice President for Public Policy, Center of Democracy and Technology; Albert Gidari, Partner, Perkins Coie LLP; Annmarie Levins, Associate General Counsel, Microsoft Corporation; and, Orin Kerr, Professor, George Washington University Law School.

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