Senate bill would require warrant for e-mail searches

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and Sen. Mike Lee (R-UT) introduced legislation that would require government officials to obtain a search warrant before accessing e-mails and other private online content.

Under the Electronic Communications Privacy Act (ECPA) of 1986, police only need a subpoena, issued without a judge's approval, to read emails that have been opened or that are more than 180 days old. Privacy advocates argue the law is woefully out of date and that police should need a judge-approved search warrant, based on probable cause, to view private online messages. The Electronic Communications Privacy Act Amendments Act of 2013, would require the government to promptly notify someone if their private online information has been accessed. The government can obtain a court order to delay notification to protect an ongoing investigation. The bill would not exempt civil investigations, covering issues such as antitrust, financial and environmental rules, from the warrant requirement, although it would clarify that regulators can serve subpoenas directly to companies for their records. Privacy advocates, including the American Civil Liberties Union and the Center for Democracy & Technology, applauded Sens Leahy and Lee for introducing the legislation.