I recently posted a new draft article, The Next Generation Communications Privacy Act, forthcoming in the University of Pennsylvania Law Review. I wrote the draft during the winter and spring, before the Edward Snowden NSA disclosures, although some aspects of the Snowden disclosures echo the themes of the article. Note that this article is only […]
Archive | Electronic Communications Privacy Act
E-Mail Confidentiality Statements and the Electronic Communications Privacy Act
It is common for e-mail from lawyers to have a statement at the end indicating that the e-mail is confidential and may be privileged, and that if you have received the e-mail in error you should delete it. Sometimes the statement also includes this line: This email (including the attachments) is covered by the Electronic […]
Final Version of House Judiciary Committee Testimony on ECPA
Yesterday I posted the rough draft of my testimony on ECPA reform, and I benefited greatly from the comments I received here and via e-mail. My final version has been submitted, and it is available here. Thanks again to various readers for their help.
Draft Testimony on Reforming the Electronic Communications Privacy Act
On Wednesday afternoon, I will be testifying before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties on Reforming the Electronic Communications Privacy Act. The hearing is a response to the four proposals of the Digital Due Process coalition, a group of tech companies, privacy groups, and individuals that have agreed […]
Did the FBI Violate ECPA By Improperly Obtaining Call Records in Terrorism Investigations?
The Washington Post has a new story, “FBI Broke Law For Years in Phone Record Searches”, reporting that the FBI violated the Electronic Communications Privacy Act by unlawfully obtaining non-content records about telephone calls in terrorism investigations. According to the story, FBI anti-terrorism investigators had a backlog of requests for National Security Letters that they […]