Gov’t could access stored stored emails only with a warrant, a pending Bill provides

On September 16, 2015, the House Judiciary Committee held hearings on a Senate bill that would limit governmental access to stored emails.

Bill S.356, Electronic Communications Privacy Act Amendments Act of 2015, amends the Electronic Communications Privacy Act of 1986, which requires email providers to divulge to government entities the contents of communication stored by the provider. Among other provisions, the Bill requires the government to obtain a warrant from a court before asking providers to disclose the content of stored communications.

In addition, law enforcement agencies and governmental entity shall – without delay after receiving the content of a communication – provide the customer whose communications were disclosed a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity.

Sources say that the bill could move in the fall.

The text of bill S.356 is available at…                             Open Pdf


For more information, Francesca Giannoni-Crystal

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