Also, no doubt proponents of ECPA reform will use In re Google Inc.
Seeing the momentum the VPPA update had, Leahy tacked the ECPA reform amendment onto it.
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One of the most egregious ECPA issues is how it treats the protection of email.
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Even with the best of intentions, the ECPA is almost impossible to apply consistently or fairly.
Meanwhile, Senators Leahy and Lee have introduced a similar bill to require warrants The ECPA Amendments Act.
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Unless the plaintiffs can show some injury, only the ECPA claim will remain.
At issue is a disconnect between the ECPA and the Communications Assistance For Law Enforcement Act (CALEA) of 1994.
The memo argues that the judges have done a fine job of interpreting and applying ECPA to evolving technologies.
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By saying nothing on CISPA, Google is undermining exactly the confidence it implored Congress to help shore up with ECPA reform.
That decision is the first to rule on this set of facts in the context of the now-ancient Electronic Communications Privacy Act (ECPA).
Among other provisions, the ECPA stipulated that wireless voice communications were covered under the Fourth Amendment to the same degree as land-line communications.
The Electronic Communications Privacy Act (ECPA) strictly prohibits the interception of content and traffic data and limits access to stored communications (such as emails).
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Salgado's prepared statement calls for updates to ECPA that allow for greater privacy measures, while also ensuring that government agencies can obtain access to documents when necessary.
Under the 1986 Electronic Communications Privacy Act (ECPA), a file stored on a hard drive in your home has greater protection than information stored with a third-party.
Does industry have a conflict of interest in lobbying for changes in ECPA, when it will directly benefit from those changes in the form of reduced compliance costs?
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Law professor Orin Kerr has concluded that ECPA may actually be unconstitutional and violates the Fourth Amendment in its allowing law enforcement to read emails without a warrant.
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"We believe a warrant is required by the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable search and seizure and overrides conflicting provisions in ECPA, " says Drummon.
The bill would update ECPA so the government must demonstrate probable cause to a judge before it may demand either the present or past location data about a person.
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Check out their take on ECPA reform here.
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In support of the Energy and Climate Partnership of the Americas (ECPA), the leaders launched a new Andean Glacier Monitoring and Research Center, a regional research network for glacier monitoring and modeling.
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That lack of transparency is compounded by the fact that just who can be surveilled in a case is far from clear, thanks to ambiguities in the Electronic Communications Privacy Act (ECPA).
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The GOP memo is dated September 17, 2010, shortly before a Senate Judiciary Committee hearing on the Electronic Communications Privacy Act (which we legal privacy geeks lovingly refer to as ECPA).
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In June, Congress held a hearing to discuss reforming ECPA. Witnesses included one Texas magistrate who revealed that 99.8% of cell phone tracking orders in his district remain shielded from public scrutiny.
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The ECPA amendment is attached to H.
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In his written testimony, Salgado notes that the 1986 ECPA (Electronic Communications Privacy Act) doesn't reflect the internet circa 2013, noting how cloud computing has increased the amount of user information shared and stored online.
The Electronic Communications Privacy Act (ECPA), which was passed in 1986 and remains the main law governing access to electronic communication, requires police only to certify to a court that the information is relevant to an investigation.
In May, the ECPA's author, U.S. Sen.
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The ECPA allows some of a suspects data to be tracked in real time via electronic devices without a warrant, using only a court order from a judge that doesn't require the same level of evidence showing that a suspect merits surveillance.
One key law, the Electronic Communications Privacy Act (ECPA), is 25 years-old and increasingly ineffective when it comes to protecting our core values that are enshrined in our foundation laws, like the 4th Amendment, from the onslaught of temptations flowing from technology now widely available.
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