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Read My E-mail? Get a Warrant

· 28/1/12 · 4 · Reblog

Law-enforcement agencies have been making active use of all the new data these technologies generate. Google reports that U.S. government agencies send it nearly 1,000 requests for user information every month; the company complied with 93 percent of them between January and June of last year (the most recent period for which statistics are available). Verizon executives told Congress in 2007 that law-enforcement agencies send the company 90,000 requests for user details a year, including information on the specific locations of cell-phone customers.

In part because of this deluge, a broad coalition of technology companies, think tanks and privacy advocates called Digital Due Process has formed to ask Congress to update the ECPA for the modern age. Its demand is simple enough: if a law-enforcement agency wants to look at private user data—whether e-mails, documents or cell-phone location information—it needs a warrant. This reasonable demand for clarity is fully in keeping with the spirit of the original ECPA, as well as the Fourth Amendment of the Constitution’s prohibition “against unreasonable searches and seizures.” Indeed, the Digital Due Process coalition has brought together some uncommon allies—the American Civil Liberties Union, the Competitive Enterprise Institute, Amazon, Americans for Tax Reform and AT&T, to name just a few near the top of the alphabet. It deserves support from all members of Congress, too.

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