ACLU Comments for Senate Judiciary Committee Hearing on ‘Reforming the Electronic Communications Privacy Act’

Document Date: September 17, 2015

These comments from the ACLU to the Senate Judiciary Committee on their Sept. 16, 2015 hearing titled “Reforming the Electronic Communications Privacy Act” urge the committee to pass badly needed reforms to ECPA, such as the broadly supported S. 356, the Electronic Communications Privacy Act Amendments Act. The comments also refute misconceptions about ECPA reform, highlighting that: 1) ECPA reform legislation will retain law enforcement’s ability to obtain electronic communications in emergencies, 2) Civil agencies will suffer no injury to their investigative authority through ECPA reform, and 3) The concern that ECPA reform would lead to the destruction of evidence is misplaced.