This is an official notice of the National Council of Investigation & Security Services representing the investigative and security professions for 36 years

NCISS
Legislative Alert
November 29, 2012 
US Capitol

 

Committee Limits Police Access to Email

 

The Senate Judiciary Committee voted today to require law enforcement agencies to obtain a warrant before obtaining copies of an individual's electronic mail.  Committee Chairman Senator Pat Leahy (D-VT)  offered the provision to update the 1986 Electronic Privacy Communications Act (ECPA.)  That law is considered outdated by both industry and privacy advocates.  The issue of email privacy gained recent attention following the revelation that the FBI had obtained private emails from then CIA Director David Petraeus. 

The changes to ECPA were added to an unrelated bill, the Video Privacy Protection Act that has already passed the House. Chairman Leahy said that it is unlikely the bill would be enacted this year but that today's vote would help expedite consideration next year. The sponsor of the video bill, Representative Bob Goodlatte (R-VA,) said he wanted to separate the bills and pass the video legislation this year and consider the ECPA legislation next year. Rep. Goodlatte will become the Chairman of the House Judiciary Committee in 2013. 

 NCISS has been following this legislation to assure that it did not become a vehicle for privacy amendments that would directly affect private investigators or security firms.  Congress is now in a "lame duck" session that includes several members of Congress who will not serve next year because of retirement or an election loss.  It is an important time to remain vigilant, as amendments to unrelated bills often occur during the last days of a Congress.

We will continue to watch legislative developments and will work to protect the interests of our members.

 

 

Larry Sabbath 

Legislative Advocate 

NCISS

7501 Sparrows Point Boulevard

Baltimore, Maryland 21219-1927

T-(800) 445-8408  F-(410) 388-9746

[email protected] 

 

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