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Subsequent to the Smith v. Maryland decision came the Electronic Communications Privacy Act
Smith v. Maryland, 442 U.S. 735 (1979) - No warrant required for call metadatahttp://www.democraticunderground.com/10022966764
Introduction to ECPA
The Electronic Communications Privacy Act ("ECPA"
was passed in 1986 to expand and revise federal wiretapping and electronic eavesdropping provisions. It was envisioned to create "a fair balance between the privacy expectations of citizens and the legitimate needs of law enforcement." Congress also sought to support the creation of new technologies by assuring consumers that their personal information would remain safe.
ECPA includes the Wiretap Act, the Stored Communications Act, and the Pen-Register Act. Wire communication refers to "any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection"; in short, it refers to phone conversations. An oral communication is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation
<...>
Pen Registers and Trap and Trace
Pen registers and trap and trace devices provide non-content information about the origin and destination of particular communications. Because this information does not contain the content of the communication, it is subject to lesser restrictions than actual content. The Supreme Court has long held that there is no reasonable expectation of privacy in this information because the telecommunications company has ready access to it; in fact, the company must utilize this information to ensure the communications are properly routed and delivered. The Pen-Register Act covers pen registers/trap and trace...unlike provisions relating to the interception and access of communications, there is no statutory exclusionary rule that applies when the government illegally uses a pen register/trap and trace device. And there is no private cause of action against the government for violations of this law.
<...>
In addition to the specific government exceptions outlined above, there is other information that the government is empowered to collect from communications providers in the form of customer records. Under § 2703, an administrative subpoena, a National Security Letter ("NSL" , can be served on a company to compel it to disclose basic subscriber information. Section 2703 also allows a court to issue an order for records; whether an NSL or court order is warranted depends upon the information that is sought.
<...>
ECPA embodies many important and useful protections, but much has changed since ECPA was passed in 1986; from personal computing to the Internet and now the ubiquity of mobile devices, much of today's technology (and even much of yesterday's) was not conceived when the law was first drafted. ECPA has been amended several times, but has not been significantly modified since becoming law.
<...>
Congress has held several hearings on reforming ECPA, with technology companies and digital rights groups lobbying for clear standards that are adaptable to technological advances. Law enforcement has questioned the need to ECPA reform, fearing that reforms could decrease their ability to acquire digital information in a timely manner.
<...>
On March 19, 2013, Senators Patrick Leahy and Mike Lee introduced the "Electronic Communication Privacy Act Amendments Act of 2013," which was reported favorably to the Senate by the Committee on the Judiciary on April 25, 2013, with an amendment from Sen. Leahy. The bill makes clear that a governmental entity may require disclosure of the contents of an electronic communication "only if the governmental entity obtains a warrant ... that is issued by a court of competent jurisdiction directing the disclosure." This would eliminate the "180-day rule" and the distinction between opened and unopened e-mails for the purposes of law enforcement access. The bill would also impose stricter notice requirements to ensure that any user whose communications are subject to a warrant will be notified promptly.
http://epic.org/privacy/ecpa/
The Electronic Communications Privacy Act ("ECPA"
was passed in 1986 to expand and revise federal wiretapping and electronic eavesdropping provisions. It was envisioned to create "a fair balance between the privacy expectations of citizens and the legitimate needs of law enforcement." Congress also sought to support the creation of new technologies by assuring consumers that their personal information would remain safe.
ECPA includes the Wiretap Act, the Stored Communications Act, and the Pen-Register Act. Wire communication refers to "any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection"; in short, it refers to phone conversations. An oral communication is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation
<...>
Pen Registers and Trap and Trace
Pen registers and trap and trace devices provide non-content information about the origin and destination of particular communications. Because this information does not contain the content of the communication, it is subject to lesser restrictions than actual content. The Supreme Court has long held that there is no reasonable expectation of privacy in this information because the telecommunications company has ready access to it; in fact, the company must utilize this information to ensure the communications are properly routed and delivered. The Pen-Register Act covers pen registers/trap and trace...unlike provisions relating to the interception and access of communications, there is no statutory exclusionary rule that applies when the government illegally uses a pen register/trap and trace device. And there is no private cause of action against the government for violations of this law.
<...>
In addition to the specific government exceptions outlined above, there is other information that the government is empowered to collect from communications providers in the form of customer records. Under § 2703, an administrative subpoena, a National Security Letter ("NSL"
, can be served on a company to compel it to disclose basic subscriber information. Section 2703 also allows a court to issue an order for records; whether an NSL or court order is warranted depends upon the information that is sought.
<...>
ECPA embodies many important and useful protections, but much has changed since ECPA was passed in 1986; from personal computing to the Internet and now the ubiquity of mobile devices, much of today's technology (and even much of yesterday's) was not conceived when the law was first drafted. ECPA has been amended several times, but has not been significantly modified since becoming law.
<...>
Congress has held several hearings on reforming ECPA, with technology companies and digital rights groups lobbying for clear standards that are adaptable to technological advances. Law enforcement has questioned the need to ECPA reform, fearing that reforms could decrease their ability to acquire digital information in a timely manner.
<...>
On March 19, 2013, Senators Patrick Leahy and Mike Lee introduced the "Electronic Communication Privacy Act Amendments Act of 2013," which was reported favorably to the Senate by the Committee on the Judiciary on April 25, 2013, with an amendment from Sen. Leahy. The bill makes clear that a governmental entity may require disclosure of the contents of an electronic communication "only if the governmental entity obtains a warrant ... that is issued by a court of competent jurisdiction directing the disclosure." This would eliminate the "180-day rule" and the distinction between opened and unopened e-mails for the purposes of law enforcement access. The bill would also impose stricter notice requirements to ensure that any user whose communications are subject to a warrant will be notified promptly.
http://epic.org/privacy/ecpa/
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