Privacy Law Updated by New Legislation to Cover The Internet

At an ACLU conference. Image via Wikipedia

Monica Risam Nicklin law blog

A sweeping legislation introduced by the US Congress updates the old privacy law of 1986, the Electronic Communications Privacy Act (ECPA), which falls short of protecting the privacy and security of US citizens who use mobile phones and online services such as email and social networking sites. Sen. Patrick Leahy (D) of Vermont, who also chairs the judiciary committee, introduced the sweeping legislation that includes requiring police to obtain a warrant before they are able to access private communications and establish the location of a mobile device.

Leahy said the update to the privacy law, called the Electronic Communications Privacy Act of 2011, is reflective of the realities of the times which call for protection of people’s privacy. Nevertheless, pro privacy advocates think it falls short of what people really want. They say it does not prevent law enforcers from checking the previous locations (even if it’s just an hour ago) of a cellphone as needed, even without a warrant. It’s also been pointed out that the proposed law is supportive of the Federal Bureau of Investigation’s (FBI) suggestion which allows the bureau to obtain private information through “national security letters” without approval of any court.

Senior staff attorney Kevin Bankston, of the Electronic Frontier Foundation, expressed his disappointment that the bill does not recognize the previous locations of a cellphone as sensitive as its present whereabouts in terms of privacy. This concern is echoed by the American Civil Liberties Union (ACLU). But Bankston praised the proposed law as absolutely necessary and a critical update to the old 80’s law which does not protect people’s privacy in a cloud-based Internet economy.