Thursday, February 9, 2012

Leahy To Hold Hearings On Administration's ECPA Proposal

July 29, 2010

Senate Judiciary Chairman Patrick Leahy, D-Vt., Thursday said he plans to hold hearings this fall before agreeing to change a law giving the government the power to obtain more information on the electronic communications of U.S. citizens.

The Obama administration is seeking changes to the Electronic Communications Privacy Act that would allow the FBI to obtain from Internet service providers additional information without warrants. The information includes the times and dates e-mails were sent and received and possibly a user's browser history. Leahy said the move raises serious privacy and civil liberties concerns.

"Given the technical advances of the last two decades and the need for a comprehensive, national cybersecurity strategy, it is clear that the Electronic Communications Privacy Act must be updated to reflect the realities of the digital age," Leahy said in a statement.

"While the government should have the tools that it needs to keep us safe, American citizens should also have protections against improper intrusions into their private electronic communications and online transactions," he added. "We must also address past government abuses of these authorities."

Congress has begun holding hearings on updating ECPA and civil liberties groups, Internet firms, telecommunications providers and others have launched a coalition to push for changes to ECPA.

However, the changes sought by the Digital Due Process coalition appear to clash with what the administration is seeking. The coalition says ECPA should be updated to provide "stronger privacy protections for communications and associated data in response to changes in technology and new services, while preserving the legal tools necessary for government agencies to enforce the laws, respond to emergency circumstances and protect the public."

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Juliana Gruenwald

Tech Writer

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.