Hatch, Marino urge DOJ to work with Congress to update electronic communications laws

U.S. Sen. Orrin Hatch (R-UT) and U.S. Rep. Tom Marino (R-PA) led a bipartisan call on Thursday for the Obama administration to work with Congress to assist in modifying electronic communications legislation.

In a letter to Attorney General Loretta Lynch, Hatch and Marino called on the Department of Justice (DOJ) to work with Congress to fine-tune the International Communications Privacy Act (ICPA), S.2986, which is pending in Congress.

“As sponsors of ICPA, we are committed to establishing a legal standard for accessing extraterritorial electronic communications,” the lawmakers wrote. “ICPA clarifies when and how law enforcement can obtain electronic communications of U.S. citizens, no matter where the person or the communications are located. The bill also provides mechanisms by which U.S. law enforcement can — in limited circumstances and consistent with international law — obtain electronic communications of foreign citizens. We write to seek your continued engagement on this important issue and urge the Department of Justice to work with us in fine-tuning ICPA.”

The need for legislative action was highlighted in July when the U.S. Court of Appeals for the Second Circuit found in Microsoft v. United States that law enforcers are not authorized to access electronic communications stored outside the United States under the Electronic Communications Privacy Act (ECPA).

“That is why for nearly two years, we have advanced legislation to establish a legal standard for accessing extraterritorial electronic communications,” the lawmakers wrote. “The government’s current position presents unique challenges for a number of industries that increasingly face a conflict between U.S. law and the laws of other countries. For example, when technology companies receive demands from U.S. law enforcement to turn over data on behalf of foreign customers, they are forced to make a difficult decision: either comply with the demand and satisfy U.S. law and risk violating the privacy laws of the host country, or challenge U.S. law enforcement’s request in order to comply with the laws of the host jurisdiction. No one should be placed in this untenable situation.”

U.S. Sen. Chris Coons (D-DE) and U.S. Rep. Suzan DelBene (D-WA) also signed the bipartisan letter.