Opposing Portions of the Electronic Communication Privacy Act

In 1986, Congress enacted the Electronic Communications Privacy Act to both protect the privacy of Americans electronic communications and to provide the government with a means to access these communications and related records in certain circumstances.

NAAUSA is participating in the ongoing Congressional debate over modernizing the Electronic Communications Privacy Act (ECPA) and is working to assure that Congress considers legitimate law enforcement and civil enforcement needs in any rebalancing of the law to satisfy privacy expectations.

Read an overview of the issue and the current status here (97 KB) .

NAAUSA Testimony at December 1, 2015 Hearing on Reforming the Electronic Communications Privacy Act

NAAUSA President Steve Cook was invited to testify at the House Judiciary Committee hearing on December 1, 2015. NAAUSA agrees that imposing a warrant requirement for the government to secure stored email in a criminal investigation is appropriate as a general rule. Stve's written testimony concluded that "The Email Privacy Act, unfortunately, goes much further and in the process creates more problems than it solves First, and most importantly, the Email Privacy Act creates unprecedented and unnecessary barriers to this often lifesaving information—barriers that substantially exceed what would be required to search any other location, including the search of a home. Second, the Email Privacy Act will further complicate an already confusing area of the law by creating internally inconsistent definitions and layering more unfamiliar, unprecedented and unique legal requirements. Third, the Email Privacy Act does nothing to address the antiquated, inappropriate, and confusing provisions of the existing version of the SCA."

Read Cook testimony here (183 KB) .

NAAUSA letter on ECPA 2015 Amendments

Click here (4.25 MB) to read letter

An Overview of the Electronic Communications Privacy Act

Click here to read overview