Tag Archive | ECPA

Chaffetz: ‘Every confidence’ on GPS Act

By Alex Byers, Politico’s Morning Tech, April 12, 2013

CHAFFETZ: ‘EVERY CONFIDENCE’ THAT GPS ACT WILL CLEAR COMMITTEE – Rep. Jason Chaffetz is plenty positive when it comes to whether his bill – which would require law enforcement to score a warrant before obtaining the location of your cellphone – will pass the House Judiciary panel. “…”The last thing the major carriers or hardware companies want to do is have people become afraid of their phones or other mobile devices,” he said. Chaffetz said he didn’t have an exact timeline on next steps, although your MT-er has heard rumblings for a while about a location privacy hearing later this month. Chaffetz added that he’d prefer tackling the issue as a standalone item, instead of conflating the issue with email privacy reform – the opposite of what’s been suggested by Rep. Jim Sensenbrenner, chairman of the Judiciary subcommittee that will likely have jurisdiction and a co-sponsor of the GPS Act.

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New CRS Report on Governmental Tracking of Cell Phones and Vehicles

Governmental Tracking of Cell Phones and Vehicles: The Confluence of Privacy, Technology, and Law

by Richard M. Thompson, Law Clerk,Congressional Research Service Report #R42109, December 1, 2011

Summary

Technology has advanced considerably since the framers established the constitutional parameters for searches and seizures in the Fourth Amendment. What were ink quills and parchment are now cell phones and the Internet. It is undeniable that these advances in technology threaten to diminish privacy. Law enforcement’s use of cell phones and GPS devices to track an individual’s movements brings into sharp relief the challenge of reconciling technology, privacy, and law. Beyond the Constitution, a miscellany of statutes and cases may apply to these tracking activities. One such statute is the Electronic Communications Privacy Act of 1986 (ECPA), P.L. 99-508, 100 Stat. 1848 (1986), which protects individual privacy and governs the methods by which law enforcement may retrieve electronic communications information for investigative purposes, including pen registers, trap and trace devices, wiretaps, and tracking devices. The primary debate surrounding cell phone and GPS tracking is not whether they are permitted by statute but rather what legal standard should apply: probable cause, reasonable suspicion, or something less.

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Akaka Introduces Privacy Act Modernization for the Information Age | GovTrack.us

Daniel Akaka official Senate photo.

Image via Wikipedia

S. 1732: Privacy Act Modernization for the Information Age Act of 2011, 12th Congress: 2011-2012

A bill to amend section 552a of title 5, United States Code, (commonly referred to as the Privacy Act), the E-Government Act of 2002 (Public Law 107-347), and chapters 35 and 36 of title 44, United States Code, and other provisions of law to modernize and improve Federal privacy laws. Sponsor: Sen. Daniel Akaka [D-HI]

For summary, full text, and status of this bill visit: S. 1732: Privacy Act Modernization for the Information Age Act of 2011 (GovTrack.us).

What’s on the Tech Agenda for Congress?

Washington’s Back: What’s on the Tech Agenda? Opinion by Leslie Harris, Center for Democracy and Technology, ABCNews, Septeber 16, 2011

Few Americans are aware that there is an active tech agenda pending before this Congress that carries enormous implications for technological innovation, for the privacy and free expression rights of Internet users and, ultimately, for the openness of the Internet. … I retired my crystal ball some years ago; I know better than to predict whether and when Congress might act on any particular measure. But that doesn’t mean that we shouldn’t take a moment to understand what is at stake and let members of Congress know where we stand — firmly on the side of the open Internet. So here are some of the top tech bills to watch:

  • [Consumer privacy;
  • Government privacy (ECPA);
  • the Protect IP Act (PIPA);
  • Data retention;
  • Cybersecurity;
  • Data breach;
  • and net neutrality; GPS & LightSquared; and GPS tracking and the Fourth Amendment.]

For full text of the article, visit Tech Agenda: Bills Carry Enormous Implications for Technology – ABC News.

Op-ed: The shocking strangeness of our 25-year-old digital privacy law

By Jim Dempsey, ArsTechnica Published October 21, 2011 11:07 AM

Op-ed: Twenty-five years after it was passed, the Electronic Communications Privacy Act still governs much of our privacy online, and the Center for Democracy and Technology argues that ECPA needs an overhaul. The opinions in this post do not necessarily reflect the views of Ars Technica.

Cell phones the size of bricks, “portable” computers weighing 20 pounds, Ferris Bueller’s Day Off, and the federal statute that lays down the rules for government monitoring of mobile phones and Internet traffic all have one thing in common: each is celebrating its 25th anniversary this year.

For full text of the article, visit Op-ed: The shocking strangeness of our 25-year-old digital privacy law.

Digital data privacy rules turn 25 – POLITICO.com

By Tony Romm, October 19, 2011, Politico.com TONY ROMM

… And as the Electronic Communications Privacy Act turns 25 this week, members of Congress are hearing it is time to revisit a law that never anticipated the day consumers would use Gmail, Facebook, Twitter, the iPhone and other tech staples of the digital age. Lawmakers have updated the statute over the years, but disagreements linger in 2011 over how best to revise it again. In addition, the Department of Justice has actively avoided changes to the ECPA that might curtail its broad powers — maligned by privacy hawks and civil libertarians alike — to investigate crimes involving digital evidence. At the same time, federal courts are weighing cases that threaten the DoJ’s use of the law. …

For full text of this nice overview article, visit Digital data privacy rules turn 25 – Tony Romm – POLITICO.com.

Privacy in the Legislative Branch: A Quick Update

Privacy in the Legislative Branch: A Quick Update

Christopher Wolf, HL Chronicle of Data Protection, February 28, 2011

Summary: Just as privacy remains front page news, it remains a subject of bi-partisan interest on Capitol Hill.  This entry briefly describes (1) the oversight role Congressional committees are performing when privacy makes the news, (2) the establishment of a new Senate Judiciary Committee privacy subcommittee chaired by Senator Al Franken (D-MN); (3) the expected legislation to be introduced in the Senate; (3) the bills that have landed in the House and the other proposals expected there; (4) the focus on amendments to ECPA and CALEA; and (5) the contintuing innovations in state legislatures. In short, a two minute read on the state of privacy in the legislative branch

For full article, visit: Privacy in the Legislative Branch: A Quick Update : HL Chronicle of Data Protection.

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