Dr. Bucshon Votes to Protect Email User Privacy Rights  

“Believe it or not, the laws governing electronic communications have not been updated since 1986 – long before email became a common form of communication.  That’s six years before the first text message and twelve years before Google,” said Bucshon.  “As a result, certain government bureaucrats have the legal authority to access private emails and other electronic communications without obtaining a warrant. This is a clear violation of privacy and a violation of the Fourth Amendment of the Constitution.  I’m happy to be a part of this effort to update this law and protect the privacy of Hoosiers.” 

BACKGROUND:

Nearly 30 years ago, Congress passed the Electronic Communications Privacy Act (ECPA) of 1986 to create a system to protect the privacy rights of customers and subscribers of computer network service providers and govern requests to obtain stored content, records, or other information, including stored emails, text or instant messages, documents, videos, or sound recordings stored in the cloud. ECPA applies not only to federal criminal investigations and prosecutions, but to state and local investigations and prosecutions, public safety requests, and civil investigations in which stored communications of these types of information are sought.

There is broad consensus that ECPA is outdated and contains insufficient protections for Americans’ privacy.  The Email Privacy Act, sponsored by Rep. Kevin Yoder (R-Kan.), modernizes ECPA to protect Americans’ privacy and provide government officials with tools needed for its investigations.

Why the Email Privacy Act is important:

·         Last year, more than 232 million Americans sent an email at least once per month.

·         More than 207 million Americans use a smartphone, including 85 percent of Americans ages 18-29.

·         Americans send more than one billion text messages each year.