In 1986, there was no World Wide Web, nobody carried a cell phone, and the only “social networking” two-year-old Mark Zuckerberg was doing was at pre-school or on play dates.
1986 was also the year that the law that protects the privacy of your electronic life — email, cell phone location records, Facebook posts, search history, cloud computing documents — was passed.
But, privacy law doesn't auto-update. Join us in asking Congress to update ECPA today »
Since 1986, technology has advanced at breakneck speed while electronic privacy law remained at a standstill. The outdated Electronic Communications Privacy Act (ECPA) is allowing the government to engage in a shopping spree in the treasure trove of information about who you are, where you go, and what you do, that is being collected by cell phone providers, search engines, social networking sites, and other websites every day.
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The Founding Fathers recognized that citizens in a democracy need privacy for their "persons, houses, papers, and effects." That remains as true as ever; today's citizens deserve no less protection just because their "papers and effects" might be stored electronically.
Online privacy law shouldn’t be older than the Web, and Americans shouldn’t have to choose between new technology and privacy.
The ACLU believes the following changes are needed to modernize ECPA:
Robustly Protect All Personal Electronic Information. Current loopholes in our privacy laws must be closed to ensure that electronic information, including most transactional communications, receives full warrant protection regardless of their age or nature.
Safeguard Location Information. Location as transmitted by my cell phone is clearly personal information. Government officials should have to obtain a warrant based on probable cause before accessing it.
Institute Appropriate Oversight and Reporting Requirements. Existing reporting requirements for wiretap orders must be extended to all types of law enforcement surveillance requests.
Require a Suppression Remedy. The same rules should apply for electronic and non-electronic information; if it's illegally obtained it should not be used against an individual in court.
Craft Reasonable Exceptions. Records should only be viewed in a true emergency with informed consent and proper notice.
Privacy law doesn't auto-update. Join us in asking Congress to update ECPA today »