Comment Re:Fixing ECPA is not enough.. (Score 1) 29
1. A governmental entity may require an entity covered by ECPA (a provider of wire or electronic communication service or a provider of remote computing service) to disclose communications that are not readily accessible to the public only with a search warrant issued based on a showing of probable cause, regardless of the age of the communications, the means or status of their storage or the provider’s access to or use of the communications in its normal business operations.
2. A governmental entity may access, or may require a covered entity to provide, prospectively or retrospectively, location information regarding a mobile communications device only with a warrant issued based on a showing of probable cause.
3. A governmental entity may access, or may require a covered entity to provide, prospectively or in real time, dialed number information, email to and from information or other data currently covered by the authority for pen registers and trap and trace devices only after judicial review and a court finding that the governmental entity has made a showing at least as strong as the showing under 2703(d).
4. Where the Stored Communications Act authorizes a subpoena to acquire information, a governmental entity may use such subpoenas only for information related to a specified account(s) or individual(s). All non-particularized requests must be subject to judicial approval.
The petition we're pushing today is focused on principle #1. Both principles one and two have been incorporated in several pending pieces of legislation. #1, most notably, would be implemented by the Yoder-Graves-Polis bill in the House and the Leahy-Lee bill in the Senate. (Senator Leahy, notably, was the author of ECPA back in 1986.)