Senator Leahy Brings Back Bill That Would Require Warrants When Gov't Snoops Through Servers For Your Info

from the ecpa-reform dept

The Electronic Communications Privacy Act (ECPA) is ridiculously outdated. It was passed in 1986, and to this day provides the (incredibly inconsistent and difficult to apply) rules for what sort of privacy electronic communications have, even though the technology has changed drastically. This has created some wacky consequences, including that (for example) emails have different privacy protections when an email is being written compared to when it's being sent compared to when it's been received compared to when it's been read compared to when it's been archived. As an example, since most messages did not stay on servers for very long (they were downloaded and deleted), the law decided that messages stored on a server for more than 180 days were considered "abandoned" and subject to even lower standards of privacy protections. Think about that the next time you open your Gmail account... ECPA has lots of problems, but the basics are this: it certainly didn't anticipate an era where most of the things we do were in the so-called "cloud," and it takes almost no account of the expectation of privacy.

Last year, Senator Pat Leahy introduced an ECPA reform bill that was mostly good. It basically said that if the government wants to get access to your data on a server, it first needs to obtain a warrant -- something that is sorely missing today. There were some loopholes that concerned us, but for the most part, it was a very big improvement. And it went nowhere. Now, many folks around here will remember Senator Leahy for being the driving force in the Senate behind PIPA -- and you may be quick to want to dismiss his actions here. But just because he's (strongly) supported that bad bill, it doesn't mean that everything he introduces has been similarly problematic.

Leahy is trying again to move forward with his ECPA reform plan, this time attaching it to an update of the Video Privacy Protection Act (VPPA). We've discussed the VPPA before. The short version is that it was a special law that bars the release of video rental info, passed in response to Supreme Court nominee Robert Bork having his video rental history leaked. But, of course, in this modern age where people automatically stream their music playlists or book purchases to Facebook... Netflix is left out in the cold, because the VPPA doesn't allow them to do the very same thing. So, there's an update to the VPPA making the rounds that basically changes the law to let you tell the world what you streamed from Netflix last night (if you so choose to share that kind of info).

That bill has a chance to actually go somewhere, and it looks like Leahy sees it as another chance to see if he can get his ECPA reform package through the Senate. While it's no secret that I've had my differences with various Leahy proposals in the past, this is a reform that is badly needed to protect our privacy from government intrusion. Requiring a warrant to access your info in the cloud is a common sense move that's long overdue.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: cloud computing, ecpa, patrick leahy, privacy, warrants


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    Ninja (profile), 14 Sep 2012 @ 5:48am

    I think it would make sense to have a Constitutional Amendment mandating that laws should be revised every fixed period of time (or earlier if the law specifies). This could prevent this kind of issue that will repeat itself ad nauseam as we move into the future.

    Also, off topic, it's a pity the US Constitution doesn't explicitly forbid secret interpretations from the Govt ;)

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Sep 2012 @ 7:13am

      Re:

      Oh man, that sounds good on the surface, but when you think about it, it's actually pretty bad.

      What happens if a law passed by Party X comes up for revision at a time when Political Party Y is in power. Party Y doesn't have the clout to repeal the law, but now they don't have to. They just have revise it to be meaningless.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 14 Sep 2012 @ 7:34am

        Re: Re:

        I'd rather have that than have thirty-year-old laws dictating privacy policies.

        link to this | view in chronology ]

      • icon
        Ninja (profile), 14 Sep 2012 @ 7:47am

        Re: Re:

        Indeed you do have a point and it could be particularly problematic in the partisan idiocy that's installed in the US. However I do believe the benefits outweighs the possible problems. It takes more involvement of the society in politics.

        link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Sep 2012 @ 7:40am

    and exactly how long does anyone give before someone convinces him to change his mind?

    link to this | view in chronology ]

  • icon
    jupiterkansas (profile), 14 Sep 2012 @ 8:09am

    This is no-brainer legislation and I can't wait to see how the no-brainers in Washington screw it up.

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Sep 2012 @ 10:26am

    Mike don't you mean protect your criminal actions from the law?? isn't that why you hate the law??

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Sep 2012 @ 1:03pm

      Re:

      Call him "Pirate Mike", rookie. And don't forget to come back after he answers your questions and demand to know why he hasn't answered your questions yet. (Can't get good help these days...)

      link to this | view in chronology ]

  • icon
    Haywood (profile), 14 Sep 2012 @ 10:33am

    Laheyisms

    The shit apple doesn't fall far from the shit tree
    You just opened Pandora's Shitbox Ray

    Oh wait, that was Jim Lahey, never mind

    link to this | view in chronology ]

  • identicon
    Rekrul, 14 Sep 2012 @ 11:14am

    We've discussed the VPPA before. The short version is that it was a special law that bars the release of video rental info, passed in response to Supreme Court nominee Robert Bork having his video rental history leaked.

    Normal people have their rights violated and the government not only allows it, but encourages it. Someone connected to the government has their rights violated and a law gets passed.

    Yeah, that's fair...

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Sep 2012 @ 2:38pm

    The VPPA

    Just ask Michael Camfield or any other resident of Oklahoma County, Oklahoma who rented "The Tin Drum" in 1997 how well the so-called Video Privacy Protection Act works.

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.