Working to protect online privacy, legislation from U.S. Sen. Steve Daines (R-MT) would require law enforcers to demonstrate probable cause and obtain a search warrant in order to access electronic communications.
The Email Privacy Act would modernize the Electronic Communications Privacy Act (ECPA) of 1986, which Congress approved before the rise of email, social media and other advancements in digital communications.
“Current laws have simply not kept pace of the innovation in the private sector,” Daines stated. “This bill updates current law and ensures that we are protecting Montanans’ Fourth Amendment rights.”
Currently, government agencies and law enforcers adhere to ECPA’s “180-day rule.” The rule holds that emails and digital communications left on a server for more than 180 days can be considered “abandoned,” and access to those communications can be gained through a subpoena rather than a search warrant.
The Email Privacy Act would eliminate the 180-day rule. Instead, government agencies would have to demonstrate probable cause that a crime was committed and obtain a search warrant before accessing the digital communications of private citizens.
U.S. Rep. Kevin Yoder (R-KS) introduced a House version of the bill, H.R. 387, that was approved by the House on a voice vote in February.