Thanks to legislation crafted in the 1980s, back when digital communication mostly meant things like “fax machines,” law enforcement does not need a warrant to access emails. As long as messages are at least 180 days old, they only need a subpoena. A large group of congressmen wants that to change, arguing that privacy law needs to catch up to the twenty-first century.
Over half of the House—223 members—is cosponsoring Reps. Kevin Yoder (R-Kan.) and Jared Polis’ (D-Colo.) bill to amend the 1986 Electronic Communications Privacy Act (ECPA) and require warrants for email searches. A companion bill is being introduced in the Senate.
“Americans are stunned, my constituents are stunned, when they hear that without a warrant, without notice, without due process, that [law enforcement] can look at their emails, look at their content in the cloud … to build a case against them,” Yoder told the National Journal.
Yoder and fellow cosponsors spent Wednesday afternoon tweeting about the bill, comparing ECPA’s age to everything from Oprah to Ferris Bueller:
Last time we updated #EmailPrivacy laws, @IBM introduced the newfangled “laptop computer.” Let’s pass #ECPA. pic.twitter.com/WAgR4eToQQ
— Rep. Kevin Yoder (@RepKevinYoder) February 4, 2015
The last time we updated our #EmailPrivacy laws, the @Oprah Winfrey Show debuted. It’s time to pass #ECPA. pic.twitter.com/aRW0CLNrYw
— Rep. Kevin Yoder (@RepKevinYoder) February 4, 2015
The last time we updated our #emailprivacy laws, Ferris, Cameron, & Sloane were taking the day off. Let’s pass #ECPA. pic.twitter.com/8tHV8TeEB5
— Rep. Kevin Yoder (@RepKevinYoder) February 4, 2015
Although attempts to update ECPA have failed in the past, Polis believes this time will be different. “We’re starting at a much stronger place,” he told The Hill. “We’re able to pick up the momentum from last time, show there’s overwhelming support for this bill.”
Yoder says he has already received “significant opposition” from the White House. “I think that at some point they are going to run our of excuses as to why they are continuing to, without a warrant, without due process, without probably cause, read the private correspondence of Americans.”
The last time we updated our #EmailPrivacy laws, the Bears were dancing to the Super Bowl Shuffle. Let’s pass #ECPA. pic.twitter.com/KlFWL4hL2m
— Congressman Sam Farr (@RepSamFarr) February 4, 2015
