California governor vetoes state email privacy bill

Gov. Jerry Brown (D-CA) vetoed a state online privacy bill that would have protected residents’ electronic communications accounts from warrantless access by law enforcement agencies.

The bill would require law enforcement agencies to obtain a warrant before accessing electronic communications. Law enforcement agencies would have to notify a user within three days of accessing that user’s electronic communications. Under current federal law, the Electronic Communications Privacy Act (ECPA), law enforcement agencies do not need warrants to require electronic communication companies to turn over their users’ communications if they have been electronically stored for more than 180 days. If law enforcement agencies do obtain a warrant, they do not have to notify the user. If they have subpoenas or court orders they are required to inform the user. These expanded notice requirements in the California bill “go beyond those required by federal law and could impede ongoing criminal investigations,” Gov. Brown wrote in his veto statement.