Giambrone Comments New U.S. E-mail Privacy Bill

Washington, April 27^th 2016 – The House of Representatives of the Unites States of America passed a bill that requires law enforcement authorities to provide a search warrant before being given authority  from technology companies to search through individuals’ electronic mail record.

Despite the fact the bill is yet to be passed by the Senate, it is worth mentioning that the House of Representatives approved the bill with a unanimous vote of 419-0, which should put pressure on the upper chamber to approve it.

The new Email Privacy Bill provides that authorities will have to submit a warrant in order to access e-mails or other digital communications systems dating back to more than 180 days. In the past, law enforcement authorities only needed a subpoena to be granted access to data from a service provider.

The bill modifies the Electronic Communications Privacy Act (ECPA) approved in 1986, which, according to Technologies companies, was written before the rise of the Internet, making the act outdated.

The Justice Department recently pursued a high-profile court order against Apple Inc, as to force the company unlock an encrypted iPhone linked to one of the San Bernardino shooters. Microsoft Corp filed a lawsuit in federal court alleging the ECPA is being used by the Justice Department in a way that violates the U.S. Constitution. This provide clear evidence of how outdate the ECPA actually is.

Alessandra Bellanca, Partner in Criminal & Administrative Department at Giambrone commented: “The E-mail Privacy Bill finally sheds some light on a violation of personal privacy that has been taken place for the last 30 years. The unanimous vote at the House of Representatives reflects the need of a new regulation to protect U.S. citizens and their privacy”

For more information about privacy protection, please contact us on +44 (0)207 183 9482  or email us at: clientservices@giambronelaw.com