A bipartisan bill co-sponsored by Representative Steve Daines that requires a search warrant from a judge to obtain private emails gained a majority of support in the House, increasing its chances of moving this year.
H.R. 1852, the Email Privacy Act, requires a search warrant from a judge based on probable cause to obtain private emails. Currently, a subpoena issued by a government agency can force internet companies to turn over emails that have been opened or are more than 180 days old.
"Under current law, emails in your inbox don't receive the same Fourth Amendment protections as letters stored in filing cabinets. After spending years working in the technology sector, I know the importance of protecting the privacy of electronic communications from government overreach," Daines said. "By requiring a warrant based on probable cause, this bill reaffirms Fourth Amendment protections and returns a reasonable expectation of privacy for Montanans' email accounts."
The Email Privacy Act secured its 218th bipartisan co-sponsor late Tuesday, meaning a majority of the House's 435 members now support the legislation. The bill is also widely supported by both privacy advocates and the tech industry.
Daines has been a leader in protecting Montanans' privacy from federal overreach, fighting to end the NSA's mass-data collection program and introducing legislation to repeal federal REAL ID requirements.