Statements On Introduced Bills And Joint Resolutions
Mr. President, I want to talk about privacy because privacy is not a partisan issue. It never has been, and never should be. Remember, 30 years ago I was in the minority. The Republicans were in the majority and controlled the Senate. It…
Mr. President, I want to talk about privacy because privacy is not a partisan issue. It never has been, and never should be. Remember, 30 years ago I was in the minority. The Republicans were in the majority and controlled the Senate. It was then that I worked with my colleagues and led the effort to write the Electronic Communications Privacy Act, ECPA.
It required a lot of education because back then, electronic mail was an emerging technology. The World Wide Web was unimaginable. Electronic data storage was astronomically expensive. No one could have envisioned the way mobile technologies would transform our lives. Yet fortunately many of us in Congress had the foresight to anticipate that these new electronic communications would also need privacy protections.
That was 30 years ago. Look at what has changed since then. Now three decades later, that law is out of date. So today the Senator from Utah, Mr. Lee, and I are reintroducing the Electronic Communications Privacy Act Amendments Act of 2015. We want to bring this law into the 21st century. Our legislation is very straightforward. It ensures that the private information that we Americans electronically store in the cloud gets the same protections as the private information we Americans physically store at home. As it did in 1986, I hope the Senate will come together on a bipartisan basis to support these commonsense protections.
All of us have an expectation that the things we store in our house are private. If law enforcement wants access to them, they have to get the proper search warrants. Today, there seems to be an idea that if they are stored electronically, these rules should not apply.
I believe they should.
The bill Senator Lee and I introduced today protects Americans' digital privacy--in their emails and all the other files and photographs they store in the cloud. It promotes cloud computing and other new technologies by building consumer trust. And it also provides law enforcement agencies with the tools they need to ensure public safety.
I would remind my colleagues that several years ago the U.S. Circuit Court of Appeals for the Sixth Circuit found that email was fully protected by the Fourth Amendment. It said that ``the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish.'' This bill takes up that challenge.
Obviously we have technologies today that nobody would have dreamed of just a couple of generations ago. But we have a Constitution that has protected this country for well over 200 years, and we hope it will protect it for hundreds of years into the future. We need to make sure our laws keep up with the protections we Americans expect from our Constitution.
First and most importantly, the bill enshrines in statute the fundamental Fourth Amendment warrant requirement for email, texts, and other electronic data. It requires that the government have a criminal search warrant based on possible cause to obtain the stored content of Americans' email and other electronic communications from third-party providers. This ensures that email communications have the same protections as phone calls and private documents stored in your home.
However, the bill's warrant requirement contains an important exception to address emergency circumstances. It explicitly states that it does not affect current authorities under the Wiretap Act or the Foreign Intelligence Surveillance Act. And it ensures that law enforcement can continue to investigate corporate wrong-doing by using grand jury subpoenas to obtain emails directly from corporate entities when held on their internal systems.
The second major component of the bill requires law enforcement agencies to promptly notify individuals when the government has obtained their emails through their service providers, but permits a delay of that notice to protect the integrity of ongoing investigations--no different from what we do in other law enforcement matters. The bill would also require service providers to notify the government three days before they inform a customer that the provider disclosed their information to the government.
This is not a Republican or Democratic issue, nor is it liberal or conservative. In fact, Senator Lee and I would note that we have a broad coalition of more than 50 privacy, civil liberties, civil rights, and technology industry groups and leaders from across the political spectrum who have endorsed this reform effort. Support spans from the Heritage Foundation and Americans for Tax Reform, to the Center for Democracy and Technology and the ACLU.
Mr. President, I ask unanimous consent to have printed in the Record the January 22, 2015, coalition letter in support of the bill.
I am also pleased that Senators Shaheen, Moran, Cornyn, Merkley, Gardner, and Blumenthal have joined this effort with Senator Lee and I. I commend them because we do have an opportunity this year to make progress on bipartisan, commonsense legislation to protect the privacy of Americans' email and update our laws to keep pace with technology. And I also congratulate our House partners, Representatives Yoder and Polis, who are introducing this legislation today in the House of Representatives with 228 cosponsors from both parties.
In the last Congress, the Senate Judiciary Committee unanimously supported this bill, Republicans and Democrats alike. We have continued the hard work of building a broad bipartisan coalition in support of this bill. Now is the time to act swiftly to bring our privacy protections into the digital age.
I will continue to work with Senator Lee, Senator Cornyn, Senator Moran, Senator Shaheen, Senator Merkley, Senator Gardner, and Senator Blumenthal on this issue because while I am proud to have them as cosponsors, I am also proud that we are doing the right thing