Email Privacy Bill in USA

Email Privacy Bill is Still Not Passed

There are few people who do not believe that there is legislation required to cover this are – given the lats bit of relevant legislation was enacted three years before the internet was even invented – the Electronic Communications Privacy Act

The main problem that exists is that no warrant is required to access any US citizens emails – whether in your mail box or in the Cloud in say Dropbox. Urgency is even greater than it was with the event of the appointment of Senator Jeff Sessions to head the Justice Department (still to be confirmed) – who is a surveillance fan. Under the Obama administration warrants were sought even when not legally required. There is no guarantee that will continue without an Act.

The current Bill has previously made it through the House but when it got to the Senate it was stopped due to suggested changes put forward by Sessions and others.

Interestingly enough there is legal precedent (2008 Warshak v. USA) which found using old stored emails could not be used without a warrant. However has not been used elsewhere.

Whether the Bill becomes an Act or at least an Act in it’s current form will greatly depend on Sessions being confirmed.