Senate Dems want changes to electronic privacy laws

The law that governs how law enforcement can access digital communications is outdated and badly in need of an update, according to Democrats on the Senate Judiciary Committee.

At a hearing to discuss the Electronic Communications Privacy Act (ECPA), Chairman Patrick Leahy (D-VT) argued the law is currently a source of confusion for law enforcement and the American public due to conflicting standards for digital forms of communication. "For example, the contents of a single e-mail could be subject to as many as four different levels of privacy protections under ECPA, depending on where it is stored, and when it is sent," Chairman Leahy said in his opening statement. "There are also no clear standards under that law for how and under which circumstances the Government can access cell phone or other mobile location information when investigating crime or national security matters." Leahy's stance was echoed by other Democrats on the committee, who pointed out that police are able to access cloud-based email accounts and files without warrants, even though they would need court approval to access a suspect's computer.