
A Senate proposal, which was originally heralded as a measure of protection for Americans' e-mail privacy, has been
rewritten, giving government agencies more surveillance power than they possess under current law.
According to CNET, Senator Patrick Leahy of Vermont, Democratic
chairman of the Senate Judiciary committee, has significantly
transformed his original legislation in response to pressure from law
enforcement. A vote on the bill, which now allows for warrantless access
to Americans' e-mail, is slated for next week.
The revised bill would
provide
email access to more than twenty-two agencies, including the Securities and
Exchange Commission and the Federal Communications Commission. These
agencies would be able to gain access to Americans' e-mail, Google Docs
files, Facebook wall posts and Twitter direct messages without a search
warrant. Also written into the bill is more authority given to the FBI
and the Department of Homeland Security (DHS), in certain circumstances.
The FBI and DHS would, in these instances, be able to gain full access
to Internet accounts without notifying either the owner or a judge.
Regarding Leahy’s Impetus to Override His Previous Bill,
CNET reports:
"Leahy had planned a vote on an earlier
version of his bill, designed to update a pair of 1980s-vintage
surveillance laws, in late September. But after law enforcement groups
including the National District Attorneys' Association and the National
Sheriffs' Association organizations objected to the legislation and
asked him to 'reconsider acting' on it, Leahy pushed back the vote and
reworked the bill as a package of amendments to be offered next
Thursday."
The reasoning behind the push for the proposed legislation is
due
to law enforcement concerns that it will impede criminal
investigations. Associate Deputy Attorney General, James Baker, has said
that requiring a warrant to obtain stored e-mail could have an "adverse
impact" on criminal investigations.
Citing how former CIA director David Petraeus' email was scrutinized
by the FBI, Marc Rotenberg, head of the Electronic Privacy Information
Center, said that, "even the Department of Justice should concede that
there's a need for more judicial oversight," not less.
In addition to the FBI and DHS, other
agencies
that would receive civil subpoena authority for the contents of
electronic communications includes: the Federal Reserve, the Federal
Trade Commission, the Federal Maritime Commission, the Postal Regulatory
Commission, the National Labor Relations Board and the Mine Enforcement
Safety and Health Review Commission.
The liberal conservative libertarian coalition has expressed deep
disapointment in this setback, it was hoped that Congress could be
convinced to update the 1986 Electronic Communications Privacy Act to
protect documents stored in the cloud.
Revised Bill Highlights (via
CNET)
- Grants warrantless access to Americans’ electronic correspondence to
over twenty-two federal agencies. Only a subpoena is required, not a search
warrant signed by a judge based on probable cause.
- Permits state and local law enforcement to warrantlessly access
Americans' correspondence stored on systems not offered "to the public",
including university networks.
- Authorizes any law enforcement agency to access accounts without a
warrant, or subsequent court review, if they claim "emergency"
situations exist.
- Says providers "shall notify" law enforcement in advance of any
plans to tell their customers that they’ve been the target of a warrant,
order, or subpoena.
- Delays notification of customers whose accounts have been accessed
from three days to "ten business days". This notification can be postponed by
up to three hundred and sixty days.
Cross-posted on
RedState &
Red Pill Report.