Congress Starts to Get Serious About Online Privacy

[Commentary] Congress could soon vote on a bill that would require law enforcement agencies to get a search warrant from a judge to obtain e-mails, photographs and other documents Americans have stored online. This important legislation would update the law to reflect how people use the Internet today.

Under the Electronic Communications Privacy Act of 1986, government agents need a warrant if they want access to e-mail stored on the servers of companies like Google and Yahoo, but only if the messages are less than 180 days old. For older messages and other digital files, law enforcement officials can issue subpoenas to technology companies without going to a judge. A bill introduced in the House by Rep Kevin Yoder (R-KS) would require a warrant for all information stored online, regardless of how old it is and what kind of file it is. The legislation includes a sensible exception that would allow civil enforcement agencies like the Securities and Exchange Commission to subpoena messages sent by employees on a corporate computer system. Requiring search warrants will not impose a big burden on law enforcement agencies. Investigators routinely get such warrants by showing judges there is probable cause that the information they are looking for contains evidence of wrongdoing. Legal experts say it is very rare for judges to deny a warrant. As November’s election approaches, expectations for congressional accomplishment will further diminish, especially when accomplishment would involve a show of bipartisanship. That is all the more reason for lawmakers to move fast and pass this worthy bill now.