Senate Judiciary panel votes to require warrants for police e-mail searches

The Senate Judiciary Committee approved legislation that would require police to obtain a warrant before accessing e-mails, Facebook messages and other private online content. The bill, which is sponsored by Judiciary Chairman Patrick Leahy (D-VT) and Sen. Mike Lee (R-UT), was approved on a voice vote and now heads to the Senate floor.

Sen. Chuck Grassley (R-Iowa), the committee's ranking member, noted that the House is considering expanding Electronic Communications Privacy Act to require a warrant to access GPS data in addition to email content. He said that if the Senate decides to adopt GPS protections, the Judiciary Committee should first hold a hearing to study the issue more closely. He also argued that the Senate should carefully consider the concerns of Securities and Exchange Commission Chairwoman Mary Jo White, who has warned that the legislation could impede civil investigations where agents do not have warrant authority. The committee adopted an amendment from Sen Grassley on that would require the Government Accountability Office to conduct a review of how police are using the law. Leahy also added a technical amendment to clarify that the bill does not affect wiretap or foreign surveillance laws.