Sen. Patrick Leahy on Tuesday unveiled an overhaul to a 25-year-old digital privacy law that would require the government to obtain warrants before accesssing email and other cloud-based data.
The update to the Electronic Communications Privacy Act (ECPA), would also extend to location-based data, and allow private companies to collaborate with the government in the event of a cyber attack.
The ECPA was first enacted in 1986, well before the Internet, email, or smartphones. As a result, it is "significantly outdated and out-paced by rapid changes in technology and the changing mission of our law enforcement agencies after September 11," said Leahy, a Vermont Democrat.
As a result, Leahy's updated 2011 version of the ECPA would apply to technologies like email, cloud services, and location data on smartphones. If the government wanted an ISP to hand over emails on a particular customer, for example, they would need to first obtain a warrant. At this point, the government abides by a rule that provides access to email after 180 days, depending on the circumstance.