Tuesday, April 22, 2014
The Electronic Communications Privacy Act (ECPA), which governs when service providers may disclose private online messages like Twitter direct messages, was ahead of its time in 1986. In the nearly three decades since it passed however, it has fallen woefully out of date. The government has used one archaic section to skirt the Fourth Amendment’s warrant requirement and obtain online messages older than 180 days with a simple subpoena based on much less than probable cause. Courts are leading the charge to ensure ECPA doesn't violate the Fourth Amendment, but Congress must step to the plate and make common sense changes to ECPA by explicitly requiring a warrant before the government can access your private online messages or your mobile phone location data.
Just because your emails are stored online must not mean they have any less protection than if they were printed out and sitting on your desk. The Fourth Amendment's warrant requirement can not be ignored. The archaic law is an example of a typical statute that isn't "technology neutral." Nowadays people store emails and other private messages they care about most for extended periods of time online.