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NACDL News: Warrant for Content Requirement For Email, and Then It Disappears
By Ivan J. Dominguez
NACDL News columns.
On Nov. 29, 2012, the U.S. Senate Judiciary Committee adopted legislation (H.R. 2471) containing Sen. Patrick Leahy’s undiluted amendment requiring a warrant for law enforcement to access electronic communications stored by a third-party provider. “Today’s email and cloud storage are yesterday’s letters and home files,” said NACDL President Steven D. Benjamin at the time. “This legislation protects the fundamental freedom of privacy that is the heart of the Fourth Amendment.” In a letter to Sens. Patrick Leahy and Charles Grassley, the chair and ranking member, respectively, of the Judiciary Committee, 30 former prosecutors and judges weighed in on November 21 in support of Sen. Leahy’s amendment. NACDL organized this effort to ensure that the Committee was aware of the breadth of support across the legal community for the amendment.
Unfortunately, before this legislation was presented to the president for his signature, the warrant for content requirement was removed. Curr
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