This week, ServInt was one of a dozen hosts to send a letter to the Senate Judiciary Committee to support updating the Electronic Communications Privacy Act, along with the i2Coalition which coordinated the hosting industry’s participation.
The government needs a warrant based on probable cause to search our mail or the documents in our homes. It’s one of our most fundamental rights, guaranteed in the 4th Amendment of the Bill of Rights. But because of this outdated law — the ECPA — which passed in 1986 before the commercial Internet even existed, law enforcement only need a subpoena (issued without a judge’s approval) to read emails that have been opened or are more than 180 days old. Under the ECPA, communications stored on a server over 180 days are said to be abandoned. This rationale has allowed the government to demand access to older electronic communications without a warrant issued by a judge.
That’s right… the government says it doesn’t need a warrant to search through your old email.
This year, Congress is finally considering updating ECPA. ServInt plans to directly engage in this much overdue process, offering its perspective and expertise in dealing with 18 years of serving customers online and dealing responsibly with law enforcement information requests.
We know that aiding law enforcement in responsible ways doesn’t need to come at the expense of our fundamental Constitutional rights. ServInt will be carrying that message, along with other i2Coalition members, up to Capitol Hill this year.
Stay tuned to the ServInt Source where we’ll keep you updated on the status of this and other important Internet legislation.Photo by mary hodder