ECPA Reform Passes the House -- Unanimously

Paul Rosenzweig
Wednesday, April 27, 2016, 4:41 PM

As I've previously written, the Congress has been considering updating the Electronic Communications Privacy Act. The Act, first adopted in 1986, does not have a warrant requirement for government access to the content of older, stored email. I have testified in favor of modernizing ECPA to remove this historical oddity. Today, the House unanimously passed the Email Privacy Act (H.R. 699) today by a vote of 419-0.

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As I've previously written, the Congress has been considering updating the Electronic Communications Privacy Act. The Act, first adopted in 1986, does not have a warrant requirement for government access to the content of older, stored email. I have testified in favor of modernizing ECPA to remove this historical oddity. Today, the House unanimously passed the Email Privacy Act (H.R. 699) today by a vote of 419-0.

Action now moves to the Senate where Senators Mike Lee and Patrick Leahy have introduced a similar measure.

I think it says almost everything you need to know about the possibility of swift Congressional action in this space that the first such proposal to revise ECPA was introduced 3 years ago.


Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.

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