The Champion

April 2017 , Page 12 

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NACDL News: House of Representatives Passes Email Privacy Act

By Ivan J. Dominguez and Ezra Dunkle-Polier

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On Feb. 6, 2017, the House of Representatives passed the Email Privacy Act (H.R. 387). This bill is a long overdue update of the Electronic Communications Privacy Act (ECPA), a bill passed in 1986 that governs the treatment of electronic communications. The Email Privacy Act establishes that law enforcement officers must obtain a warrant to access the content of most electronic communications and cloud-stored content from third-party providers and eliminates the arbitrary rule that would allow the government to obtain emails older than 180 days with a subpoena. The bill passed overwhelmingly in the last Congress 419-0.

NACDL is heartened that the House of Representatives has strengthened Fourth Amendment protections by ensuring that the government must obtain a warrant based on probable cause to access email content and other electronic communications and content stored in the cloud. The Association remains concerned, however, that the bill as amended removes the req

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  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
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